)I>EL HOUSING 
LAW 



EDITION 



V'EILLER 




Book.__, 

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A MODEL HOUSING 
LAW 



A MODEL HOUSING 
LAW 

BY ... < ^ 

lawrence!^veiller 

I) 

AUTHOR OF "HOUSING REFORM," "A MODEL TENEMENT 
HOUSE LAW," ETC. 



0y-' ■■■ 



REVISED EDITION 



NEW YORK 

RUSSELL SAGE FOUNDATION 
1920 



4 









Copyright, 19 14, by 
The Russell Sage Foundation 

Revised edition copyrighted, 1920, by 
The Russell Sage Foundation 



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WM • F. FELL CO • PRINTERS 
PHILADELPHIA 



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PREFACE TO SECOND EDITION 

SINCE the Model Housing Law was published five years ago, 
much has happened in America in the world of housing. A 
number of states and cities have passed housing legislation 
based upon the Model Housing Law. The experience of these 
states and communities in adapting the Model Housing Law to 
their local needs and conditions, has developed as it naturally 
would some weak spots and difficulties in the Model Law. For 
this reason it is believed that a new edition of this book is neces- 
sar\ , the first edition having been exhausted for over a year. 

When the Model Housing Law was published in 19 14 it was 
a pioneer effort. There were practically no housing laws of any 
kind in the countrw There were only tenement house laws and 
those based on New York City's experience. New York City is 
absoIutel\- sui generis. The conditions which prevail there do not 
prevail generallx' throughout the United States, and laws that are 
suited to the peculiar conditions that exist in New York City are 
quite unsuitable for most of our American cities. The t\'pes of 
dwellings which exist throughout the countr\' are not the tall tene- 
ment houses of New York but ver\' different t\pes. 

This new edition, therefore, represents not only the expe- 
rience of all the states and cities in the country which have enacted 
housing laws since 191 4, but also the experience as well of the 
author in his capacity as Secretary of the National Housing Asso- 
ciation in aiding in the drafting of such laws, in adapting them to 
local conditions and in meeting the difficulties that have arisen. 

The coming into almost universal use of the automobile has 
brought with it ver\' difficult problems radicall\' affecting property 
subdivision and building construction. It has brought man\' of 
the difficulties that have been encountered in attempting to apply 
the Model Housing Law in different states and cities. 



PREFACE TO SECOND EDITION 

The leading housing laws of the country which have been 
based upon the Model Housing Law are the following: 

Housing Code of Michigan, Act 167, Public Acts of 191 7. 
This law applies to every city and organized village in the 
state having a population of 10,000 or more. It is a true hous- 
ing law and applies to all classes of dwellings, namely, buildings 
in which people live. The act applies to some 29 cities through- 
out the state. 

Minnesota Housing Act, Chapter 137 of the laws of 191 7. 

This is a true housing act affecting all classes of dwellings, 
but its application is limited to cities of the first class not organized 
iinder Section 36 of Article 4 of the State Constitution; that is, it 
applies. only to the city of Minneapolis. 

Iowa. Housing Law of Iowa, Chapter 123 of the laws of 
1 91 9. It is a true housing law, applies to all classes of dwellings 
and affects all cities having a population of 15,000 or more. 

Also the following laws, based upon its predecessor "A 
Model Tenement House Law." 

Two acts in California of 191 7; the Indiana Laws of 191 3 
and 191 7; the Kentucky Act of 1910; the Massachusetts Act for 
Towns of 1912 and for cities of 191 3; the Pennsylvania Act of 
1913. 

At the time of the publication of this book early in 1920 
housing laws based on the Model Housing Law have been 
proposed in the state of Illinois, the states of Pennsylvania and 
Rhode Island and in Massachusetts for the city of Boston. The 
following cities have ordinances based on the Model Housing Law: 
St. Paul, Minn., Grand Rapids, Mich., Dukith, Minn., Berkeley, 
Calif., Syracuse, N. Y., Cleveland, Columbus, Lansing, Mich., 
Portland, Oregon, and Salem, Mass. 

The first edition of this book contained a chapter entitled 
"A Model Tenement House Law" in which was indicated a scheme 
by which if a given community felt that it could not enact a hous- 
ing law applicable to all classes of dwellings, but desired to enact 
a tenement house law applying only to tenement houses, flats and 
apartments, it might quickly and easily adapt the Model Housing 
Law to such purpose. This chapter has been omitted from the 
revised edition; for, no community in the last five years has de- 

vi 



PREFACE TO SECOND EDITION 



sired to avail itself of this scheme. Tenement House laws are not 
being proposed. The Nation as a whole recognizes the propriety 
of housing legislation. 

Changes From the First Edition 
in order that persons using the Model Housing Law, and 
especiall\' those who have already secured the enactment of hous- 
ing laws, may note quickly the changes that have been made in 
this edition from the first edition published five years ago, there 
is appended the following table which shows by section number 
the changes that have been made. This uses the first edition as 
the base and indicates by the corresponding section number in 
the new or present edition where the section number is changed. 
it also gives quick reference to the page number of both editions 
and indicates in the form of comments whether there are material 
changes, whether there are slight changes or whether there are no 
changes. Where sections are omitted this is indicated and where 
the sections are new this is similarly indicated. 

Sections Changed from First Edition 



First Editic 



Section No. 



Title 
I . . . . 

2.. , . . 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 

2 



(I). 
(2). 

(3)- 
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(n) 

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new. . 
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2 (14) 
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Page No. 



.27. 
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Title 
. I . . . 



. .2. . . . 

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omitted 



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vii 



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PREFACE TO SECOND EDITION 
Sections Changed from First Edition — {Continued) 



First Edition 



Section No. Page No 



Present Edition 



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Page No. 



Changes 



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•58 
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(16) 
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omitted 
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Vlll 



PREFACE TO SECOND EDITION 



The Section Numbers are Identical from this Point on 



First Edition 



Section No. 



52 



•53 

•54- 

55 

.56. 

•57- 
.58. 

•59 
.60. 
.61. 
.62. 
.70. 
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93 
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Page No. 



Present Edition 



Page No. 



178 

'79 
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IX 



PREFACE TO SECOND EDITION 



First Edition 



Section No. 



Page No. 



Present Edition 



Page No. 



Changes 



. 107 
.108, 
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.110. 
.III. 
. 1 12. 
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TABLE OF CONTENTS 

Preface to Second Edition 

I. Housing Reform through Legislation 
II. Building Codes, Tenement House Laws and Hous- 
ing Laws 

III. How TO Use THE Model Law 

IV. A Model Housing Law 



Article 



General Provisions 



Article II 
Dwellings Hereafter Erected . 
Title I. Light and Ventilation 
Title 2. Sanitation. 
Title 3. Fire Protection 



Alterations 
Maintenance 



Article III 
Article IV 



PAGE 
V 



9 
25 

27 

69 

71 
161 

210 



Article V 
Improvements . • 240 



Article VI 
Requirements and Remedies 

V. What Kinds of Houses can be Built Under the 

Model Law? 

VI. An Ideal Housing Law 

VII. The Standards of the Federal Government 

Vlll. Zoning 

Index 



262 

291 
335 
341 
373 

383 



XI 



DIAGRAMS 



FIGURE 

I 



Rear \ards — Methods of measurement . 
Rear >ards of irregular depth .... 
Rear xards — Methods of measurement — Extensions 
Rear >ards — Methods of measurement — Courts 

Inner courts 

Outer courts between wings 
Outer courts on the lot line 
Rear of the lot in triangular lots 
Rear of the lot with entrance at side 
Basements and cellars — Varying grades — Low at rear 
Basements and cellars — High at rear 
What is a corner lot? 
Neighborhood treatment of \ards 
Yards of corner lots . 
Offsets to courts 
i6. A court carried down unlawfully 

17. A lawful court .... 

18. Intakes for inner courts 

19. Cutting off the corners of a court — Lawful . 

20. Cutting off the corners of a court — Unlawful 

21. Space required between buildings . 

22. Space between buildings — Side by side . 

23. Room with windows in corner — Unlawful and Lawful 

24. Room with furniture in it 

25. Narrow servant's room 

26. "Wardrobe flats" — The flat as approved — Two rooms 

27. "Wardrobe flats" — The flat as occupied — Four rooms 

28. Privacy — Access to water-closets and bed rooms . 

29. General toilet room 

30. Hall lighting — Window at end — Lawful. 

31. Hall lighting — The usual hotel corridor — Unlawful 

32. Damp proofing of walls and floors .... 

33. Pan and long hopper closets 



SECTION 


PAGE 


2 (6) 


38 


2 (6) 


39 


2 (6) 


40 


2 (6) 


40 


2 (7) 


42 


2 (7) 


42 


2 (7) 


42 


2 (9) 


44 


2(10) 


45 


2(13) 


48 


2(13) 


48 


20 


74 


22 


84 


22 


88 


25 


H5 


27 


121 


27 


121 


27 


118 


28 


124 


28 


124 


29 


128 


29 


129 


31 


134 


33 


>37 


33 


.38 


y-) 


144 


35 


144 


36 


146 


37 


151 


38 


154 


38 


154 


44 


163 


49 


174 



Xlll 



DIAGRAMS 



FIGURE 

34. Fire tower 

35. New court in an old building . 

36. Spoiling the light of an existing room 

37. Spoiling the light of an existing hallway 

38. Sash windows provided between rooms 
39-45. Water-closets in place of privies 
46. A school-sink . . 
Houses that Can Be Built Under the Model Law 

47-60. Detached houses on 40-foot lots 

61-74. Detached houses on 25-foot lots 

68-74. Continuous rows or terraces on 25-foot lots 

47-53. Two-story and attic detached houses . 

54-67. Three-story and attic detached houses . 

68-74. Three-story and attic houses in continuous rows 

75. Ideal houses — Two rooms deep, with a central park 

76. Residence districts — One side of block business . 



SECTIO 


I PAGE 


• 51 


183 


• 73 


201 


• 75 


203 


• 75 


204 


. 120 


242 


.124 


249-255 


.124 


257 




307-320 




321-334 




328-334 




307-313 




314-327 




328-334 




• 337 




. 378 



XIV 



I 

HOUSING REFORM 
THROUGH LEGISLATION 



HOUSING REFORM THROUGH LEGISLATION 

TO the social reformer who believes that the solution of the 
housing problem is to be found in a change in methods of 
taxation or in a new industrial era this book will have but 
little interest. 

How delightful it would be to be able to believe that all that 
is needed to bring about proper housing conditions is a change in 
the economic status of the working people! That given enough 
wages, slums would vanish! Flying carpets, wishing caps, and 
magic philters have from time immemorial had an indescribable 
charm for humanity. But alas, it is not to be done so easily. 
City slums cannot by the wave of a necromancer's wand become 
gardens of delight. 

The determination of how best to accomplish housing reform 
depends a good deal upon one's conception of what the housing 
problem is; before there can be adequate discussion of the remedy 
there must be agreement as to the disease. In other words, we 
must know what we are going to reform before we attempt to 
reform it. 

There is great variety of opinion on this subject, especially 
among those to whom it is a new subject. Some people seem to 
believe that the housing problem is essentially the problem of 
cheap houses; as they have expressed it, "of providing a home for 
the man who cannot afford to pay more than §9.00 a month." 
But this is a singularly misleading and restricted view of a large 
and complicated question. It is but one aspect of it. It would be 
as appropriate to say that the problem of child welfare is the pro- 
viding of milk at four cents a quart. 

Another group, with their eyes fixed upon the more crowded 
quarters of some of the larger cities where the problem of moving 
back and forth the vast throngs who journey from one part of the 
city to another twice a day is fraught with great difficulties, 

3 



A MODEL HOUSING LAW 

conceive that the housing problem is the problem of rapid transit, 
and that if cheap and effective rapid transit could be once provided 
the housing problem would be solved. This is not a new view. 

Still another element believe that the housing problem is the 
problem of supplying a sufficient quantity of housing accommoda- 
tions and that anything which tends to encourage the building of 
more houses will solve the housing problem, the assumption being 
that people live under bad conditions simply because there are 
not enough houses to go around. 

There is truth in all these views. Each one is a factor in- 
volved in the housing problem, but no one of them can be truth- 
fully said to constitute that problem. 

The housing problem is the problem of enabling the great 
mass of the people who want to live in decent surroundings and 
bring up their children under proper conditions to have such oppor- 
tunities. It is also to a very large extent the problem of prevent- 
ing other people who either do not care for decent conditions or are 
unable to achieve them from maintaining conditions which are a 
menace to their neighbors, to the community and to civilization. 

If we accept this view of what constitutes the housing prob- 
lem we see that it has many sides; that it is not only an economic 
problem, not only a question of supply and demand and of furnish- 
ing a sufficient quantity of homes, but that the kind of home is of 
vital importance. The assumption that thousands of people live 
under conditions such as are found in our large cities throughout 
America because there are no other places in which they can live 
is not borne out by the facts. There is no use in dodging the 
question. We may as well frankly admit that there is a consider- 
able portion of our population who will live in any kind of abode 
that they can get irrespective of how unhygienic it may be. 

Housing reform is to be sought in many ways, but chiefly 
through the enforcement of wise laws; laws which will regulate the 
kind of houses that may be built, will compel the improvement of 
the older buildings as they fall into disuse, and will require all 
buildings in which human beings live to be kept in a sanitary and 
safe condition. 

But legislation is not the only way. Much must be done 
through education, — education of both tenant and landlord, and 

4 



HOUSING REFORM THROUGH LEGISLATION 

even of the community itself. The force of example some think 
will do much, but thus far that expectation has not been realized. 

Considerable also can be accomplished by wise management; 
by the building of houses of a more attractive type; by encourag- 
ing the development of Garden Cities; by stimulating those who 
like country life to live in the country or in the suburbs; by im- 
proved transit, thus making it easier for men to live out of town 
and journey to their work; and especially by the intelligent plan- 
ning of towns and cities. 

But what makes any of us take up housing reform is not 
primarily the desire to see any of these things brought about, but 
the insistent demand made by our consciences for the abolition of 
the slum. 

We all of us believe that the conditions under which thou- 
sands of our fellow citizens live are wrong and a mockery on civili- 
zation, and to many of us thecontinuanceof such conditions seems 
fraught with menace to our institutions. That the people them- 
selves often have created the very conditions from which they suffer 
does not alter the situation. The conditions are there and must 
be dealt with. The one thing that we are all agreed upon is that 
we cannot afford to neglect them. 

The housing problem is therefore essentially the problem of 
preventing people from maintaining conditions which are a menace 
to their neighbors or to the community. 

Housing evils as we know them today are to be found in 
dangerous and disease-breeding privy vaults, in lack of water 
supply, in dark rooms, in filthy and foul alleys, in damp cellars, in 
basement living rooms, in conditions of filth, in inadequate methods 
of disposal of waste, in fly-borne disease, in cramped and crowded 
quarters, in promiscuity, in lack of privacy, in buildings of undue 
height, in inadequate fire protection, in the crowding of buildings 
too close to each other, in the too intensive use of land. 

How are these manifold evils to be remedied? Legislation 
thus far has proved to be the most effective remedy. The only 
way that we know of by which such conditions, can be ended is 
through the enactment of laws which will compel the removal of 
these evils and the substitution of right conditions. This is not 
theory but the result of the experience of many cities. 

5 



A MODEL HOUSING LAW 

Legislation alone, of course, will not do it. Laws must be 
enforced. Merely getting a" housing law on the statute books will 
not change conditions. Unfortunately, laws do not execute them- 
selves and no law will do much unless an adequate system of en- 
forcement is also provided. 

True, it is a painful operation. It takes time and energy 
and above all things patience. It means constant effort. It 
means attention to innumerable details. It often means foregoing 
immediate results to secure larger future returns. 

Housing is a commodity like food or clothes, and the methods 
to be employed in securing the right kind of housing for the people 
of any community differ in no essential respect from the methods 
to be followed in providing the right kind of food or clothing for 
that community. In a city where the children of the poor were 
dying of typhoid because of impure milk, we should, I think, feel 
that it was trifling with a serious situation if it were urged that 
nothing could be done through legislation, but that the only way 
to insure a better milk supply was to encourage the people to move 
to the country where they could have their own cows and thus in- 
sure the right kind of milk for their children. 

We should undoubtedly feel that it was playing with a vital 
situation were it proposed to meet a crisis of this kind through the 
establishment of a model dairy which would furnish milk to i per 
cent of the children of the city, and at the same time allow the other 
99 per cent to be poisoned by bad milk. What every community 
has done under such circumstances has been to rise in its might 
and say bad milk shall not be sold. In other words, they have 
sought the remedy for such a condition through law and law en- 
forcement, and they have gotten results. It is all right to estab- 
lish a model dairy to encourage others and show how good milk 
can be produced, but this should follow an ordinance prohibiting 
the sale of skim milk or milk containing too large a bacterial count. 
No sane community would accept the establishment of one model 
dairy as a substitute for that kind of legislation. Good housing is 
to be provided in just the same way. 

The question which every housing reformer must face is: 
What method will give the largest results with the least expenditure 
of energy and effort? It is largely a question of emphasis. The 

6 



HOUSING REFORM THROUGH LEGISLATION 

method which will return 90 per cent of results and not 10 per cent, 
is obviously the method to follow. No one thing will in itself solve 
the housing problem in any community. Housing evils are of so 
manifold a nature and have so many manifestations that it is, of 
course, apparent that many things must be done before right con- 
ditions can be achieved. There is no method of housing reform 
which the housing reformer should not adopt provided it will 
produce results. It must always be submitted to this practical 
test. In some cases all methods are to be employed, not merely 
one. 

That legislation alone will solve the housing problem is of 
course absurd. But the point that we wish to lay emphasis upon 
is that in most cases the largest results have come from legislative 
action and that until certain fundamental evils have been remedied 
it is futile, or worse, to adopt the methods of housing reform which 
may be said to belong to the post-graduate period rather than to 
the kindergarten stage of a community's development. In other 
words, we must get rid of our slums before we establish Garden 
Cities; we must stop people living in cellars before we concern our- 
selves with changes in methods of taxation; we must make it im- 
possible for builders to build dark rooms in new houses before we 
urge the government to subsidize building; we must abolish privy 
vaults before we build model tenements. When these things have 
been done there is no question that effort can be profitably ex- 
pended in the other directions mentioned. 



II 

BUILDING CODES, TENEMENT HOUSE LAWS 
AND HOUSING LAWS 



II 

BUILDING CODES, TENEMENT HOUSE LAWS 
AND HOUSING LAWS 

IF we accept the principle that the largest results in housing 
reform will come through legislation, the immediate practical 
questions which present themselves are: W^hat kind of laws 
shall we work for, how shall we prepare them and how obtain 
them? 

As a rule, the first suggestion which comes to mind is to 
amend the building code. Every city of considerable size has a 
building ordinance of some kind and in those places where there is 
no building code it is very natural to concentrate effort upon se- 
curing one. While it is true that we do want to secure the enact- 
ment of laws which will regulate the way houses may be built, 
yet the remedies which most people interested in housing reform 
are seeking will not be found in the ordinary building code. 

It is important, therefore, at the outset to clearly distinguish 
between three kinds of building laws — a building code, a tenement 
house law and a housing law. 

A building code is, as its title indicates, a code of laws dealing 
with the methods to be employed in the construction of buildings. 
It concerns itself chiefly with questions of building materials and 
processes. Housing reformers are not as a rule interested in these 
questions; in the quality of brick and mortar, in methods of fire- 
proofmg, in the advantages of terra cotta as compared with re- 
inforced concrete, in factors of safety, in dead and live loads, in 
wind stresses, in automatic sprinklers, in fire and water tests, in 
rivets and flanges of iron beams and columns, in wall thicknesses 
and similar technical questions. Important as these are from the 
point of view of safety and construction and the reduction of fire 
risk, they do not touch the questions which most vitally concern 
the welfare of the great mass of our people. 

1 1 



A MODEL HOUSING LAW 

In Other words, a building code does not so much aflfect 
living conditions as it affects the building industry. At best a 
building code is nothing more nor less than a gigantic specification. 
It is a document to interest architects and builders and manufac- 
turers of building materials, not the housing reformer. As a rule, 
it is a long, detailed, abstruse, highly technical and uninteresting 
document, not understandable in most of its provisions by the 
layman. 

Only in rare instances do we find in a building code provisions 
which deal with the conditions under which people live. Ordi- 
narily no building code concerns itself with anything but the con- 
struction of new buildings. It is seldom that we find it dealing 
with the conditions which must be maintained in order that people 
may have sanitary homes. 

It is apparent, therefore, that housing reformers will not 
find in the enactment of building codes the legislation which they 
are seeking. 

The question then presents itself whether one should work 
for a tenement house law or for some other kind of a law. The 
answer to this question will depend very much upon the condi- 
tions which prevail in each city where the problem is taken up. 
In a city like New York, for instance, or Boston, or even Chicago, 
there are many reasons why housing reformers should seek at first 
at any rate to secure tenement house legislation. In these cities 
the tenement house is the type of dwelling in which the great 
mass of the people live. It is also the type in which the most se- 
rious evils are to be found. It is but natural under such circum- 
stances that housing reformers should seek remedies for the worst 
conditions first. 

Up to five years ago the course followed in America has been 
along these lines. Housing reform has been sought chiefly through 
tenement house legislation; that is, through laws which regulate 
the conditions in buildings in which many people live; and which 
deal not merely with the construction of such buildings when new, 
but also require the improvement of the older ones and the main- 
tenance of all dwellings in a safe and sanitary condition. 

Housing laws are essentially different from building laws. 
They concern themselves primarily with sanitary questions — with 

12 



BUILDING CODES AND HOUSING LAWS 

light and ventilation, plumbing and drainage, intensive use of 
land, privacy, sewage disposal, egress in case of fire, reasonable 
fire protection, and to a large extent with maintenance and use, 
regulating conditions under which water-closets are maintained, 
prohibiting improper use of cellars, regulating and restricting 
basement and cellar occupancy, providing for adequate water 
supply in convenient places, insuring cleanliness and the keeping 
of buildings in repair, providing receptacles for waste materials of 
various kinds, forbidding the keeping of animals and similar im- 
proper use of the premises; they require a resident caretaker, 
prohibit overcrowding, forbid the taking in of lodgers, authorize 
the health department to vacate houses which are unfit for habi- 
tation, and generally require buildings to be kept in sanitary con- 
dition. 

It is at once seen that such a law is materially different from a 
building code and that it concerns itself with totally different 
things. 

The question. What is a tenement house? presents some dif- 
ficulties. In most cities the law includes in this category buildings 
which are occupied in common as the home or residence of three or 
more families. In a few cities the standard is set at four families, 
but in recent years it more properly has been set at two families. 
The city of Chicago, for instance, in its ordinance includes as 
tenement houses all buildings occupied by two families or more. 
The tenement house law of the state of Indiana similarly sets the 
standard at two families, though New York City still keeps its 
standard at three families. Columbus, Ohio, has gone further. 
It not only treats all two-family houses as tenement houses but 
includes under many of the provisions of the same law certain types 
of one-family houses as well. 

There is, of course, no reason why people who live in houses 
in which there are but two families should not be afforded the same 
protection against unsanitary conditions that is afforded to people 
who live in houses in which there are three families. All are equally 
entitled to light and air, proper drainage, modern sanitation, ade- 
quate water supply and the rest of the things which go to make up 
proper housing conditions. 

One reason why housing reformers have heretofore confined 

13 



A MODEL HOUSING LAW 

their efforts to tenement house legislation has been that they 
have necessarily in the beginning of this work, as a matter of pol- 
icy, felt constrained to proceed along lines of least resistance and 
take up those conditions for which there would be the strongest 
public support. 

Obviously, only in those cities where the tenement house is 
the prevailing type, will a tenement house law do much to solve the 
housing problem. In the great majority of cities, however, the 
tenement house is not the usual type but the exception. In most 
cities in America the great mass of the people live in one^family 
houses, many of them in detached houses; nevertheless, the hous- 
ing evils which prevail there are the same evils that are found in 
the tenement houses of our larger cities. 

Dark rooms, cellar dwellings, lack of drainage, inadequate 
water supply, overcrowding, the lodger evil, and the other count- 
less evils encountered in our cities are found just as frequently m 
the small cottages in which the mass of the working people live 
as in the taller tenements of our older cities. 

It is apparent, therefore, that housing reform to be effective 
must in most cities concern itself not merely with the tenement 
house but with the private dwelling. 

There would be little difficulty in this were it not for the fact 
that any law which effectively regulates the dwelling in which the 
workingman lives must also apply to the mansion of the million- 
aire and the home of the average well-to-do citizen, who as a rule 
resents the idea that the house in which he lives needs regulation, 
and is consequently apt to oppose such efforts at housing reform. 

The tenement house and the private dwelling are not the 
only types of buildings which need regulation. There are others 
which need it quite as much. It would seem that the time had 
come in America when we should regulate all buildings in which 
human beings live, and that it is folly for us any longer to permit 
dark rooms in any building where people dwell. A dark room in a 
boarding house or hotel is as dangerous as one in a tenement house; 
possibly in some ways more dangerous. Bad plumbing has the 
same bad effects in all buildings. 

For these reasons the housing reformer should work for 
housing legislation; not merely for a tenement house law which in 

14 



BUILDING CODES AND HOUSING LAWS 

most communities deals with one comparatively small and limited 
class, but for a law which affects all citizens, a law which makes 
dark rooms quite as impossible in the rich man's home as in the 
poor man's cottage, which makes a dark hall quite as illegal in a 
modern high-class, fireproof hotel as in a common lodging house. 

The only kind of legislation that will do this is a law which 
affects all buildings in which people live, whether those buildings 
are private dwellings, two-family dwellings, tenement houses, 
apartment houses, flats, hotels, boarding houses, lodging houses, 
apartment hotels or bachelor apartments. 

It is apparent that the scope of such a law is far wider than 
that of a mere tenement house law. The opposition to it will also 
be wider. And yet notwithstanding this, it is the kind of legislation 
to work for. By no other means can we secure right conditions. 

It is, moreover, a rather restricted view to assume that one's 
duty as a good citizen is thus limited. It is also a short-sighted 
view; for it will be a question of only a few years when we shall 
have to take the second step if we do not take it now. And it is 
easier to make the advance in one step than in several. It is wise 
economy to make the momentum of the initial campaign carry 
through the broader law. 

On the other hand, the term "tenement house" is something 
of an asset. One can rally to the support of tenement house reform 
a vast amount of public sentiment which does not respond so 
quickly in behalf of a mere housing law. The word immediately 
conjures up to the popular mind a picture of sordid, squalid con- 
ditions. When we hear of ''tenement house reform" our minds in- 
stinctively revert to the city slum. But the public, we are glad to 
say, is becoming educated in this regard and is beginning to ap- 
prehend the significance of "Housing" in a way that it did not 
a few years ago. 

But it is also a liability. When applied to the high-class 
apartment house or to the better grade flat, to the private dwelling 
or the two-family house, there is resentment on the part of many 
members of the community whose support we should otherwise 
have, because they feel that a stigma is being attached to their 
property and their homes. They resent the idea of a tenement 



15 



A MODEL HOUSING LAW 

house law as applicable to the houses in which they live; for, their 
conception of a tenement house is the popular one. 

These advantages and disadvantages are both lost when we 
work for housing legislation. While it is true that the stigma 
attaching to the tenement house label disappears, on the other 
hand we shall extend the opposition to new groups. 

I see no escape, however, from this dilemma. If the laws 
are to be of any value they must have "teeth in them" and some- 
one is sure to be hurt. This is inherent in the situation and can- 
not be avoided. 

If we wish, therefore, to make our efforts of the widest in- 
fluence we should seek housing legislation and not merely tenement 
house reform. The latter will do for a few cities, but will prove 
of little value to the great mass of communities in America. 
Housing evils are not confined to cities. Slums are found wherever 
people live, in small towns, in villages, even on the open prairie, 
and the only effective way to overcome these evils is through hous- 
ing legislation; legislation which at first should apply only to the 
larger cities, but which gradually can be extended with little 
change to the smaller communities until ultimately every section 
of the state is embraced within its beneficent protection. 



HOW TO USE THE MODEL LAW 



Ill 

HOW TO USE THE MODEL LAW 

WHILE this book is called A Model Housing Law it is so 
only in the sense of being a working model upon which 
others may build. It is in no sense meant to be an 
ideal or perfect statute. It perhaps can be best described as 
"canned legislation." Its purpose is to save persons interested 
in housing reform many years of effort, and if rightly used should 
accomplish this purpose. It is intended to make unnecessary the 
painful operation of collecting the housing laws of all the dif- 
ferent cities and states throughout the country, preparing a com- 
parative digest of them, and slowly and painfully setting to work 
to construct a new law from these elements, cutting a piece here 
and adding a patch there, the result being a crazy-quilt of legisla- 
tion which does not accomplish what is desired. 

As all the housing laws in the United States are based upon 
three models, either the New York Tenement House Law or the 
present author's Model Tenement House Law, published in 1910,* 
or the Model Housing Law as published in 1914, it at once appears 
that there is little advantage to an\' community in thus collecting 
the laws of the different states and cities. At best all that one can 
get from them is to discover the local variations that have been 
made from the parent stock. 

As a rule these local variations hinder rather than help. 
They frequenth' mean nothing more than a concession made to 
some individual on a local committee who has in mind some par- 
ticular t\'pe of house and who declines to agree to a report or to 
support proposed legislation unless the particular point which he 
has in mind is favored. Concessions of this kind when copied in 
other communities without an understanding of the reasons which 
led to their enactment, do incalculable harm. 

* Veiller, Lawrence: A Model Tenement House Law. New York, Chari- 
ties Publication Committee, 19 10. 

19 



A MODEL HOUSING LAW 

In A Model Tenement House Law, the disadvantages of 
this method of procedure are pointed out. It may not be amiss 
to repeat some of the warnings given there. 

Writing a housing law is a difficult task. It requires much 
time and effort and a good deal of technical knowledge. As 
usually done it is undertaken by one or two public-spirited citizens 
who come to the task generally unprepared. Unless guided by 
the experience of others the results of this kind of effort are apt to 
prove disastrous. The law prepared under such methods is as a 
rule found inadequate when put into practice. It is then discovered 
that many important matters have been overlooked, that some 
parts have been so drawn as not to accomplish what was intended, 
that others are so involved that they are understood neither by the 
officials who have to enforce them nor by the citizens who are called 
upon to obey them, and that there are loopholes in the law by 
which it may be easily evaded and often its whole purpose defeated. 

It is because of these considerations that the Model Law has 
been evolved. 

All those enactments which any city would wish to make to 
regulate past, present and prospective housing evils have been 
included. It has been prepared for practical use by laymen, as 
well as by lawyers and public officials, and has been kept as simple 
and concise in form as it is possible to make it. 

Housing laws deal with the construction of new buildings, 
the alteration of existing ones, and the maintenance of all, and are 
therefore used by many different classes in the community: build- 
ers, architects, plumbers, owners, tenants, social workers. In most 
laws, especially building codes, the provisions which relate to dif- 
ferent classes of buildings are jumbled together and the person 
using them is compelled to hunt through the whole law to find 
that part in which he is interested. 

In this respect the Model Law represents a great advance. 
The various provisions have here been so classified that each per- 
son can quickly and readily find those matters which interest him. 
A builder need only consider the provisions of one chapter of the 
law; namely, that relating to New Buildings. A man wishing to 
alter his house will find everything bearing on it in one separate 
chapter entitled Alterations; the landlord will find grouped to- 

20 



HOW TO USE THE MODEL LAW 

gether under Maintenance in another chapter, all those provisions 
which govern the maintenance of such houses; and here too ten- 
ants and social workers will find what they want to know. 

The law is accordingly divided into six chapters: Chapter I, 
General Provisions (including Definitions); Chapter 11, New 
Buildings (divided into three divisions: Title i, Light and Ventila- 
tion; Title 2, Sanitation; Title 3, Fire Protection); Chapter 111, 
Alterations; Chapter IV, Maintenance; Chapter V, Improve- 
ments; and Chapter VI, Requirements and Remedies. 

A special word of caution should be given in this connection. 
Some people have in their desire to "simplify" and reduce the bulk 
of the law because the law "looks so long" to them, sought to 
combine the various provisions and have disregarded this impor- 
tant plan of classification and thrown the various sections together. 
In every case where this has been done the result has been disas- 
trous. The law thus evolved has been not only complicated and 
troublesome but has failed to remedy the evils involved. 

Those seeking housing reform should realize at once that 
there is no way to enact a short housing law which will be adequate. 
There is no escape. If the conditions are to be adequately dealt 
with, the housing law must deal with all the important phases of 
the problem. No short cuts are possible. This is quickly demon- 
strated by going through the Model Law section by section and 
asking, " What sections can we safely omit? " 1 1 is quickly discov- 
ered that there are practically none. 

A housing law to be appropriate should necessarily be adapted 
to local conditions. What is necessary and practicable in one city 
may not be necessary in another. In order to make such local 
adaptation easy, the plan has been adopted of printing in capital 
letters those standards which may vary in each city; thus, in the 
provision dealing with the percentage of lot which may be occupied, 
in the Model Law this has been fixed at SEVENTY per cent in the 
case, for instance, of interior lots not over 60 feet in depth. Some 
cities may wish to impose either a higher or a lower standard, to 
make this amount say 60 or 75 ; all that each city needs to do under 
the scheme of this law is to change the one word "SEVENTY" 
and leave the rest of the section as it is. The convenience of such 
a plan is obvious. 

21 



A MODEL HOUSING LAW 

Where there is no featuring of a standard in this way it 
means that the requirement as written is deemed right for every 
city and should be enacted without change. 

Too much emphasis cannot be placed upon adhering strictly 
to the phraseology and punctuation employed in the Model Law. 
Efforts should not be made to " improve " or " simplify " it. Every 
word, every comma has been weighed and has its exact and definite 
meaning. Many of the provisions have stood the test of many 
years' enforcement and interpretation. 

Similarly, there are advantages in retaining the order of 
arrangement of the various sections and where possible the same 
section numbers. When your law comes to be tested in the courts, 
as it of course will, it will be helpful to be able to show the court 
that the provision under review is not some novel and untried 
venture, but that the identical provision in a very similar statute 
is to be found in the laws of Michigan, Minnesota and other states. 

Following each section of the Model Law will be found 
copious notes and illustrative diagrams. While it is true that there 
are few sections of the law to which such notes are not appended, 
yet the plan has been to make no unnecessary comment but only 
to discuss those points which experience has shown are likely to 
give rise to difficulty and concerning which those using the law 
should be fully informed. The notes are in the form of a running 
commentary on each section, pointing out where there is any doubt 
the reasons which have caused its enactment and what is intended 
to be accomplished by it; also calling attention to ways in which 
its meaning may be misinterpreted and explaining wherever 
necessary to the lay mind all technical points involved. 

Similarly, the illustrative diagrams which accompany the 
text are employed where it is felt that without them what is in- 
tended will not otherwise be plain, especially to persons not 
familiar with the technical aspects of the problems involved. 
These diagrams will be more useful to the layman than to the 
architect or builder, but will it is hoped prove useful even to them. 

To persons especially familiar with the technical details of 
housing laws many of these notes may seem superfluous, but it 
should be remembered that the Model Law will necessarily be 
used by many persons who do not have this technical equipment. 

22 



HOW TO USE THE MODEL LAW 

In addition to these explanatory notes it has been thought 
wise to build "a flight of steps" both up and down from each of 
the more important sections. In other words, while each section 
of the Model Law represents the best consensus of opinion as to 
what it is desirable and practicable to adopt, it is recognized that 
it will not always be possible for each city to enact every provision 
as written in the law. Concessions will necessarily have to be 
made to meet the views of various persons in each community, 
and it is important, therefore, for the housing reformer who is 
working for this result to know where he may safely make conces- 
sions and how far it is wise to go. In order to aid him to the 
greatest possible extent a flight of steps has been built leading 
down from each section. In other words, where concessions can 
be made a series of "Concessions" is indicated after the explana- 
tor\' notes, and the exact phraseology of each concession is given. 

On the other hand, it is also recognized that in many cities 
it may be possible to adopt higher standards than those established 
in the Model Law. There are many sections in which undoubtedly 
it would be wise if higher standards could be adopted. A flight of 
steps upward has therefore similarly been erected from each section 
and a series of "Variations" appended to those sections where it 
is believed that higher standards can be adopted. Here, too, the 
exact form of each variation is given in precise terms so as to aid 
those using the law to the greatest degree. 

Equipped in this wa\', thus prepared to make the law stronger 
or weaker as may be necessary in each locality, it is believed that 
the housing reformer will be furnished with a complete armory of 
weapons with which to wage his fight. 

This book would not be complete without a consideration, 
also, of what ma\' be termed an Ideal Housing Law so far as light 
and ventilation are concerned. This is an attempt to do awa\- with 
air-shafts and light-courts and other unsatisfactory makeshifts for 
direct light and air b\- permitting no dwellings to be erected which 
exceed two rooms in depth. 

Whether American courts have advanced sufificientl\- at this 
time to sustain such legislation is a nice question. Whether they 
will or not, the author thinks it not inappropriate to include in 



23 



A MODEL HOUSING LAW 

this book a suggestion indicating the direction in which an ideal 
housing law is to be sought. 

A word of caution to those using the Model Housing Law. 

There is a subtle temptation in the form of local pride which 
sometimes makes a group of housing reformers desire to have the 
law they draft seem more essentially their own. A distaste for 
"copying" and an exaggerated desire for individual expression 
lead them to change for the sake of changing, to fix other standards 
because they are theirs. 

The result of this course has generally proved to be disastrous. 
The profitable course to pursue is the direct reverse. Every person 
who is using the Model Law as the basis of his legislation should 
approach it with the idea in mind that as few changes as possible 
should be made, and only those for which affirmative evidence 
can be presented. 

The burden of proof is on him for every change' or departure 
made from the standards therein established. His conception of 
his work should be to try and have the Model Law enacted in his 
community with the fewest possible changes, and no change should 
be made for which there are not strong and cogent reasons. 

A failure to heed this advice has brought about disastrous 
and unexpected consequences; in several instances resulting in 
imposing unnecessary hardships upon real estate and in other cases 
defeating the very purposes the framers of such laws had in mind. 



24 



IV 

A MODEL HOUSING 
LAW 



AN ACT 

To promote the health, safety and welfare of the people 
b\- regulating the light and ventilation, sanitation, fire 
protection, maintenance, alteration, improvement and use 
of dwellings; to defme the classes thereof, to establish 
administrative requirements and to establish remedies and 
fix penalties for the violation thereof. 

Note i : In order to base the act upon the founda- Explana- 
tions on which the Police Power of the State rests, ^j T^ 
viz., health, safety and welfare — it is good practice to 
write these important words into the Title of the Act. 

The People of the State of repre- 
sented in Senate and Assembly, do enact as follows: 

Note: The enacting clause will vary in different Exolana- 
states; it should be made to conform strictly to the ^j^J^ 
form locally in use. 



ARTICLE 1 

GENERAL PROVISIONS 

Section i. Scope of the Act. This act shall be known 

as the Housing Law^ of ^ and shall apply to 

every city, town and village in the state which by the 
last federal census had a population of TEN THOUSAND- 
or more, and to ever)' other city, town or village as soon as 
its population shall reach TEN THOUSAND thereafter. 

Note i : Insert the name of the state in which it is Explana- 
proposed to enact the law. ^j.J^ 

Note 2: One of the perplexing question^ that has 
to be faced at the start is how wide an application to 
give the act. If local conditions permit and it is 
feasible to have the act apply to all cities of the state 

27 



A MODEL HOUSING LAW § I 

rather than to a few, it is of course better to give it 
this wider appHcation. In Wisconsin some years ago 
a tenement house law which apphed the same require- 
ments to the rural districts that it did to the large 
cities was held by the courts, of that state to be unrea-. 
sonable and therefore void. On the other hand, in 
some states, Ohio for example, a law which does not 
apply generally to all cities throughout the state 
would be held to be unconstitutional and void. 

While there will undoubtedly be many people who 
will wish to see the law apply to all parts of the state, 
it will not be good policy to attempt this at first. 
Such a provision is more than likely to insure the 
defeat of the bill in the legislature; for, the members 
from rural districts are likely to resent an attempt to. 
regulate the conditions under which their constituents 
live. The people are not yet ready for such sweeping 
reforms. The ideal condition is to have a housing law 
apply to all classes of buildings used as the residence 
of human beings, whether located in the country or in 
the city. Recent investigations show that conditions 
exist in many villages and on the prairies that are as 
bad in some respects as those to be found in the slums 
of large cities. A dark room is equally bad every- 
where. If the law is given this wider application, 
great care must be taken to see that all its provisions 
appropriately apply to the simpler conditions which 
prevail in rural, semi-rural and suburban communities. 
For example, the requirement of Section 47 for water- 
closets would be inappropriate in the country where 
there is no communal water supply. Similarly, in rural 
districts the provisions of Sections 99 and 100 relative 
to cisterns, wells and catch-basins are essential, but 
they are not appropriate for cities. The greatest 
difficulty in giving the law such general application is 
the lack of means of enforcing it ip sparsely settled 
communities, and the cost of any system of inspection 
that will insure the maintenance of sanitary condi- 
tions. If this change is desired the following variation 
is suggested: 

Variation Variation i: "Section i. Scope of the Act. This act 

shall be known as the Housing Law of 

and shall apply to every city, town and village in the 
state." 

28 



1 



§ I GENERAL PROVISIONS 

// is Advised: To have the act apply at first to the 
larger cities, then after it has been tried out and put 
into successful operation for two or three \'ears, to 
extend its application to the smaller cities, and later 
to all parts of the state. 

Note 3: The advantage of the short popular title 
is to make it eas\' to cite the act in subsequent statutes 
and legal proceedings without the necessity of repeat- 
ing each time a long title with the chapter number of 
the act and the various amendatory acts. In some 
states this method of citation is not permitted. 

Variation 2'*: "In the case of cities having a population Variation 
of ONE HUNDRED THOUSANI> or over, it shall also 
appl\' to all that territorv immediatel\' adjacent and con- 
tiguous to the boundaries of such cit\' and extending for a 
radial distance of TWO miles'' beyond such boundaries in 
all directions.". 

Note 4: In recent years there has been an increas- 
ing appreciation of the folly of permitting slums to 
develop on the outskirts of large cities, thus creating 
conditions which later on will cause trouble and ex- 
pense to those cities when these outlying sections be- 
come a part of the cit}' through annexation. Accord- 
ingly, this "Variation" has been formulated to deal 
with this situation. 

In cases where the Model Law is enacted as a local 
ordinance rather than as a state law, it will not be 
possible to include such a provision; as it is not within 
the power of a city to legislate for territory outside of 
its corporate limits. It is of course entirely within the 
province of the legislature to determine how wide an 
application a law of this kind may have. 

Note 5: It is probably wise at first to limit such 
a provision to the larger cities, but there is no reason 
why it should not ultimately apply to all cities. If 
that is desired, the wider application can be obtained 
bv omitting the words " In the case of cities having a 
population of ONE HUNDRED THOUSAND or 
over." 

Note 6: The distance to which the area of inclu- 
sion shall be extended depends entirely on local con- 
ditions. Two miles seems reasonable. Five miles 
would seem a maximum distance. 
29 



A MODEL HOUSING LAW §2 

§ 2. Definitions.^ Certain words in this act are de- 
fined for the purposes- thereof as follows. Words used in 
the present tense include the future; words in the mascu- 
line gender include the feminine and neuter; the singular 
number includes the plural and the plural the singular; 
the word "person" includes a corporation as well as a 
natural person. 

Explana- Note i : There is danger in definitions. One must 

|.Jqjj be closely on one's guard. The tendency of the un- 

initiated is to try to define everything. This is both 
unnecessary and unwise. We are not writing a dic- 
tionary but a law. Every definition is a source of po- 
tential danger. If not skilfully or carefully drawn 
it may defeat the entire purpose of the act. It may 
not only fail to include all cases that should be in- 
cluded, but it is more likely to err in permitting eva- 
sion of the law on technicalities, through lack of pre- 
cision. The result is disastrous in either case. No 
definition should be included that is not absolutely 
necessary nor any term defined that is not used in the 
act. Where words have a commonly accepted mean- 
ing, and it is not desired to change that meaning, they 
should not be defined. It is sometimes safer to leave 
some things undefined, as it affords greater oppor- 
tunity for successful argument in support of the act 
in subsequent litigation. It is neither necessary nor 
desirable to define such words as ''apartment,'' 
"story," "building," "street," "alley," "lot," and 
so forth. It will be found that all definitions neces- 
sary to a proper housing law have been included. 
None can be added without danger. 

It will be generally found that there is a demand 
that what constitutes a "lot" shall be defined. This 
should not be done, however. If it is done, it is almost 
certain to result in unnecessarily restricting the use of 
property. A man should be free to make his "lot" 
whatever he wishes. It may be a piece of property 
50 feet by lOO feet. But, if he wants to combine in 
one lot 200 feet by loo feet, four such parcels of land 
and build one large apartment house on them, is 
there any reason why he should not do so? If the 
apartment house later burns down and he wants to 
redivide his property once more into four lots should 

30 



§2(l) GENERAL PROVISIONS 

he not be free to do so? Any definition of lot in this 
law would not only be superfluous but would prove 
to be hampering. All that is necessary is to make 
sure that the requirements for adequate open spaces 
for light and ventilation shall not be evaded and that 
is done satisfact(jril\- in the law by specific provisions 
prohibiting the reduction of such open spaces and the 
reduction of the lot be\ond certain minimum require- 
ments. 

Note 2: The phrase "for the purposes thereof" 
is of importance; otherwise the act will have a wider 
effect than is intended. To impose the limitations of 
these definitions upon the operation of other statutes 
would of course be unwise. For example, in one of 
our states, the housing law defines a hotel as one 
having at least 50 sleeping rooms, whereas the excise 
law requires but 10 sleeping rooms. Under the excise 
law hotels with 10 rooms are given certain privileges 
as to the sale of liquor; these would be taken away 
from every hotel that did not have 50 rooms, were not 
the definition in the housing law limited to "for the 
purposes of this act." 

§2 (i) Dwelling. A "dwelling" is any house or 
building or portion thereof which is occupied in whole or 
in part as the home, residence or sleeping place of one or 
more human beings, either permanently or transiently. 

Note: This is a housing law; that is, it deals with Explana- 
buildings in which people live. It does not attempt tion ' 
to deal with places where people only work or assemble. 
It might very well be called a dwelling house law. 
Its provisions therefore relate to all dwellings, though 
some relate onl\' to certain kinds of dwellings. The 
definition of dwelling is made as all-inclusive as pos- 
sible. The determining factor is the sleeping place 
of the individual. As the act applies to all dwellings 
and includes the mansion of the millionaire and the 
modern high-class hotel as well as the cottage and 
tenement of the humble wage-earner, it must be 
drawn with the greatest care. Herein lies the great- 
est point of difficult}' in the whole subject. Pro- 
visions which are at once admitted to be necessary 
for the protection of the poor tenement dweller, are 
resented b\' the rich or well-to-do member of the com- 

3J 



A MODEL HOUSING LAW § 2 (2) 

munity, who thinks no law is necessary for him, and 
is often unable to see that in order that the community 
may be protected, laws must be general in their ap- 
plication, and that occasionally the individual must 
of necessity be restricted in greater or less degree. 

§ 2 (2) Classes of Dwellings.^ For the purposes of 
this act dwellings are divided into the following classes: 
(a) "private-dwellings," (b) "two-family dwellings," and 
(c) " multiple-dwellings " '} 

(a) A "private-dwelling" is a dwelling occupied by but 
one family alone.^ 

(b) A "two-family dwelling" is a dwelling occupied by 
but two families alone, one above the other. A semi- 
detached or double house^ containing two families with 
separate entrances for each but under one roof and with 
a wall or party-wall between but no interior connection 
between the two parts of the building is to be considered 
as two private dwellings. A two-family dwelling which 
contains a store^ or other business space or is three stories 
in height, shall be deemed a multiple-dwelling and shall 
comply with the requirements for such dwellings. 

(c) A "multiple-dwelling "2 -6 is a dwelling occupied 
otherwise than as a private-dwelling or two-family dwell- 
ing. 

Explana- Note i : The whole scheme of the law is to be 

|.JQjj found in the plan of classification herein embodied. 

Especial care has been taken to differentiate the three 
classes, private dwellings, two-family houses, and 
multiple dwellings of various kinds, thus permitting 
differentiation in the provisions relative to each class. 
That such differentiation is* necessary is obvious. 
Provisions necessary for safety in large tenement 
houses or in tall hotels are not so necessary in small 
two-story private dwellings. Practically all of the 
provisions of the act with reference to fire protection 
will be found to apply only to multiple dwellings 
(Sections 53 to 64 inclusive). Similarly, other pro- 
visions proper for the maintenance of tenement 
houses are not so necessary in private dwellings. 
{See Sections 90 and 91.) Many of the provisions 

32 



§2 (2) GENERAL PROVISIONS 

of the act apply to all classes of dwellings; some apply 
only to multiple dwellings and a few only to one class 
of multiple dwelling. By means of this plan of classi- 
fication it is possible to encourage the construction of 
private dwellings and two-family houses and to dis- 
courage the erection of tenement houses and other 
forms of multiple dwellings by making the provisions 
relative to the latter more stringent than those af- 
fecting the former classes. We are, moreover, on 
safe ground from a legal point of view in adopting this 
method of restriction, whereas we should not be if, 
for example, we attempted a definite prohibition 
against the erection of tenement houses. To impose 
more stringent requirements, in case of fire for in- 
stance, on tenement houses occupied by many fam- 
ilies than on private dwellings, would unquestionably 
be maintained by the courts as a reasonable discrim- 
ination. The effect of these more stringent require- 
ments in increasing the cost of construction may, 
however, so discourage the construction of buildings 
of this kind as to practically stop their erection. 

Note 2: A great advantage of this scheme of clas- 
sification is that it removes any stigma that may 
seem to attach to the word "tenement house." Be- 
cause of the prevailing conception of such buildings, 
resulting from the use of the term in its popular 
rather than its legal meaning, there is often great 
objection on the part of owners and occupants of 
high-class apartment houses or costly mansions to 
have to comply with the terms of a "tenement house 
law"; when there would be little or no objection to 
compliance with a "housing law" which affects all 
buildings used for residence purposes. 

Note 3: The word "alone" in (a) and (b) while 
seemingly unnecessary is essential. It will not do 
to let a small boarding house "occupied by but one 
family" — and several non-related individuals, as 
boarders — be classed as a private dwelling and thus 
escape the provisions of the act relative to multiple 
dwellings. 

Note 4: The two-family dwelling which it is sought 
to encourage is the type of house with one family 
upstairs and one family downstairs, with separate 
entrances and hallways. It is in reality a two-story 
flat; but, without the disadvantage of common hall- 

3 33 



A MODEL HOUSING LAW § 2 (3) 

ways and other public parts of the building used in 
common that usually pertains to the flat. In dif- 
ferent parts of the country nomenclature differs. In 
some sections such a house is known as a "double 
house" while in other sections the double house is two 
semi-detached private dwellings with a common roof 
and a party-wall between them. It has been found 
necessary to make this plain in the definition beyond 
■ any peradventure of doubt. 

Note 5: A favorite way of "beating the law" in 
some states and cities is to erect a three story tene- 
ment with a store on the ground floor and two families 
above. By calling it a two-family dwelling it escapes 
the requirements of the act relative to multiple 
dwellings. After the building is erected, partitions 
are put up back of the store and the store-keeper's 
family moves into the rooms thus created. This pro- 
vision will make such evasion impossible. 

Note 6: It should be observed that no kind of 
dwelling can escape regulation under the act. For 
every dwelling that is not either a private dwelling 
(a) or a two-family dwelling (b) becomes under the 
act a multiple dwelling. Multiple dwellings are "all 
others." 

§2 (3) Classes of Multiple-Dwellings. ^ All mul- 
tiple-dwellings are dwellings- and for the purposes of this 
act are divided into two classes, viz. Class A and Class B: 

Class A. Multiple-dwellings of Class A are dwellings 
which are occupied more or less permanently for residence 
purposes by several families and in which the rooms are 
occupied in apartm.ents, suites or groups. This class in- 
cludes tenement houses,^ flats, apartment houses, apart- 
ment hotels, bachelor apartments, studio apartments, 
duplex apartments, kitchenette apartments, and all other 
dwellings similarly occupied whether specifically enumer- 
ated herein or not.^ 

Class B. Multiple-dwellings of Class B are dwellings 
which are occupied, as a rule transiently, as the more or 
less temporary abiding place of individuals who are lodged, 
with or without meals, and in which as a rule the rooms 
are occupied singly. This class includes hotels, lodging 

34 



§ 2 (3) GENERAL PROVISIONS 

houses, boarding houses, furnished-room houses, lodgings, 
club houses, convents,^^ as\'lums, hospitals, jails, and all 
other dwellings similarly occupied whether specifically 
enumerated herein or not. 

Note i : Multiple dwellings are divided into two Explana- 
broad classes; those which are used by families or tion 
groups of persons permanently as their home or place 
of residence, and those which are used more or less 
iransiently by single individuals. The first class in- 
cludes tenement houses, flats, apartment houses and 
similar t>pes of buildings; the second class includes 
hotels, lodging houses, boarding houses and similar 
buildings. Some provisions of the act apply to one 
of these classes, other provisions to the other, while 
many provisions apply to both. Such differentiation 
is obviously necessary. To illustrate: in a tenement 
house it is appropriate to require each fire-escape bal- 
cony or other means of egress to open directly from 
each apartment, suite, or group of rooms; in the 
case of a hotel such a provision would be " impossible." 

Note 2: While it is repetition to say "all multiple 
dwellings are dwellings" inasmuch as a multiple 
dwelling has been defined in Subdivision (2) (c) as "a 
dwelling, " still it is wise to repeat it here so that there 
can be no question in the minds of the enforcing officials 
or of the courts that multiple dwellings must comply 
with the provisions of the act relative to dwellings. 

Note 3: It is to be noted that the enumeration 
of the various kinds of multiple dwellings in Class A 
and Class B is in no way essential to the definition. 
The definition is complete without it. It is included 
solely to guide the enforcing officials and to illustrate 
to them and to the public what is meant. This enu- 
meration will also aid those who draft the law by en- 
abling them to consider whether each provision that 
applies to dwellings and to multiple dwellings can 
be properl\' applied to each of the kinds of buildings 
herein mentioned. 

Note 4: The phrase "and all other dwellings simi- 
larly occupied whether specifically enumerated herein 
or not," is essential. AH enumerations in statutes 
are dangerous unless safeguarded in this way by some 
general "drag-net" clause, as it may easily happen 
that there are other kinds of multiple dwellings than 

35 



A MODEL HOUSING LAW § 2 (4) 

those Stated which may have been forgotten at the 
time of drawing the act, to say nothing of those which 
• may come into existence subsequently. 

Note 5 : Formidable opposition to the whole Hous- 
ing Law some times develops in the legislature because 
of the inclusion of these classes of buildings, viz., 
"convents, asylums, hospitals and jails" within the 
terms of the law. In such cases it is wise policy to 
omit specific mention of them. Such a change will 
in no way affect the operation of the law, for they 
will all be included under it, "whether specifically 
enumerated herein or not." 

Note 6: This distinction may give some persons 
much concern especially with reference to "border- 
Hne" types such as apartment hotels, for example. 
This anxiety is generally quickly dispelled when it is 
pointed out that there are few provisions of the law 
which are different in their requirements for multiple 
dwellings of Class A and Class B. For quick conve- 
nience and ready reference so as to enable persons 
adopting the law to carefully weigh this consideration, 
the sections in which the provisions for the two classes 
differ in any respect are as follows: Sections 33, 46, 
47, 48, 51, 59, 62, 85, 93, 98, 105 and 109. 

§2 (4) Hotel. A "hotel," for purposes of this act 
only, is a multiple-dwelling of Class B in which persons 
are lodged for hire and in which there are more than one 
hundred sleeping rooms, a public dining room for the 
accommodation of at least one hundred guests, and a 
general kitchen. 

Explana- Note: This definition is made necessary by the 

^Jqj^ fact that "hotels" may be exempted from certain 

provisions of the act. (See Sections 21 and 71.) The 
exemptions in question are advisable, if at all, only 
in the case of the tall modern hotel with accommoda- 
tions for many guests, generally several hundred. It 
is to prevent these exemptions from applying to other 
kinds of buildings that this definition becomes neces- 
sary. Without it, the exemptions would apply to 
any building known as a hotel under any law, or even 
to a building popularly so known; now they will ap- 
ply only to such buildings as are covered by this defi- 
nition. 

36 



§2 (5), (6) GENERAL PROVISIONS 

§2 (5) Mixed Occupancy. In cases of mixed oc- 
cupancy where a building is occupied in part as a dwelling 
the part so occupied shall be deemed a dwelling for the 
purposes of this act and shall comply with the provisions 
thereof relative to dwellings. 

Note: Without this provision, we might have the Explana- 
anomalous situation of an office building or public tion 
school building being brought under the require- 
ments of the act because the janitor and his family 
live there, and thus the building is "occupied * * 
in part as the home * * * * of one or more 
human beings.'' It is obvious that the provisions of 
this law which relate to dwellings should not apply to 
a building occupied chiefly as an office building, or 
public school, but should apply only to the parts of 
such buildings which are used for dwelling purposes. 

§2 (6) Yards. A "rear yard" is an open unoccupied 
space on the same lot^ with a dwelling, between the ex- 
treme rear line of the lot and the extreme rear line of the 
house.2 A yard between the front line of the house and 
the front line of the lot is a "front yard."^ A yard be- 
tween the side line of the house and the side line of the 
lot and which extends from the front line or front yard 
to the rear line of the lot or to the rear yard is a "side 
yard."'' The length of a side yard is measured from the 
front wall of the dwelling to the rear wall of such dwelling, 
and not to the rear lot line. 

Note i : The words "on the same lot" are impor- Explana- 
tant. In many communities it has become the cus- tion 
tom to build buildings close to the side and rear lot 
lines, sometimes on the line, having the rooms on that 
side or end of the house secure their sole light and ven- 
tilation from windows opening on the adjoining prem- 
ises which have been left unbuilt upon at these points. 
This is not safe. When the adjoining premises are 
later built upon, as they are sure to be ultimately, 
the light and air are then shut off, with the result that 
a number of dark or semi-dark rooms are created. 
It is impossible then to remedy the conditions ade- 
quately. The evils of "borrowed light" are too great 

37 



A MODEL HOUSING LAW 



§2(6) 



to be safely permitted. Nor is it fair to permit one 
man to use another man's land for such purposes. 
The only safe and proper way is to require each person 
to leave proper open spaces on his own lot for the ade- 
quate lighting and ventilation of his own building. 

Note 2: The phrase "between the extreme rear 
line of the lot and the extreme rear line of the house" 
is necessary for two reasons. One of these is the con- 
siderable number of irregular-shaped lots with rear 
boundary lines running at an angle as shown in 
Figure i. 

Without this phrase, the plan of leaving a clear 
open space at the rear of each building of a certain 
minimum size would be defeated. Let us assume, 





o)TREEr 

Figure i 



for instance, that the yard required to be left by law 
is 30 feet; if this phrase were not included, the 
yard could be left as shown in the right-hand dia- 
gram, instead of the full ^amount intended, as illus- 
trated by the left-hand diagram. It is at once seen 
that in the first instance a very inadequate yard 
might result; namely, a yard only 3 feet deep at one 
point and but 17 feet deep at another and of varying 
depths between, instead of 30 feet deep at every 
point. 

Similarly, without the phrase in question the law 
could be easily evaded in the case of lots of var>'ing 
depth as shown in Figure 2. 
What the law intends to require, namelv, a clear 

38 



§2(0) 



GENERAL PROVISIONS 



space of 30 feet at every point, is shown by the left- 
hand diagram; what could be done, if no specific pro- 
vision made it impossible, is illustrated by the right- 
hand diagram. It is at once seen that it would be 
possible to have no yard at all for one-half of the 
building with the house at that point built all the 
way up to the lot line, thus creating dark rooms and 
defeating one of the primary purposes of the act. 
The dotted lines show what should be left. 

The second class of cases which makes the phrase 
under discussion of importance is where the building 
instead of the lot, is of irregular depth, owing to the 
construction of extensions or the use of courts as 
shown on page 40 (Figures 3 and 4). 



RuAf^LofLiNE 



Rear Lot Line 




T 



f^^AR. Lot Line. 




Figure 2 



Here the law intends that the measurement of the 
rear>'ard shall be as shown in the left-hand diagram. 
Without the phrase "the extreme rear line of the 
house," it would be possible to build as shown in the 
right-hand diagram, thus defeating the primary pur- 
pose of this provision; namely, the leaving of an ade- 
quate open space at the rear. 

Similarly, where courts are employed at the rear of 
the building there is equal opportunity for misunder- 
standing and evasion, as shown in Figure 4. 

Here again what the law intends is shown in the 
left-hand diagram; what would be possible in evading 
the law, were not this point safeguarded, is shown by 

39 



A MODEL HOUSING LAW 



§ 2 (6) 



the right-hand one. This whole question assumes im- 
portance in connection with Sections 22, 23, 3 1 and 72. 
Note 3: It is necessary to define front yards, as 
otherwise thev would under the definition of "courts" 




Street 

Figure 3 




be treated as such and be subject to the requirements 
relative thereto. This would bring about the ab- 
surd situation that a man who wished to set back his 
house from the street line and leave a large front 



Rear Lot Line 

T 



f^EAR, Lor Line 





^TREP]- 



Figure 4 



§>TREET 



yard, voluntarily leaving more open space than the 
law requires, could not under some circumstances do 
so without being unduly penalized. (See Section 26.) 
40 



§ 2 (y) GENERAL PROVISIONS 

Note 4: "Side yards" which extend through from 
the street to the \'ard, if of sufficient width, are an ex- 
cellent feature and should be encouraged as a much 
better kind of open space than courts. If they do 
not extend through, however, their especial value is 
lost and they become courts and should be treated 
as such and be required to be of greater width. 

§2 (7) Courts.- A "court" is an open unoccupied 
space, other than a yard, on the same lot^ with a dwelling. 
A court not extending to the street or front yard or rear 
yard is an inner court. ^ A court extending to the street or 
front yard or rear yard is an outer court. 

Note i : The comments under Note i on Yards, Explana- 
Section 2 (6) apply equally here. tion 

Note 2: The scheme of the law contemplates only 
two kinds of open spaces; namely, yards and courts. 
Yards may be rear yards, side yards or front yards, 
as above defined. All other open spaces are "courts." 
Shafts (small enclosed courts) are ruled out. The 
term is one whose use should be discouraged. Courts 
are essentially of two kinds; namely, inner and outer. 
In the former the open space is enclosed by walls on 
all four sides (in some cases on three sides with the 
lot line acting as the fourth, but ultimately to be 
enclosed); in these courts all the light must come 
in over the top of the walls at the roof, and all the air 
in the same way unless other means of circulation is 
provided. Outer courts have always one end or side 
left open; namely, that adjacent to the rear yard, 
street or front yard, and are never enclosed on more 
than three sides (sometimes only on two sides, with 
the lot line acting as the third side). The light and 
air can therefore stream in through the open side. 

Note 3 : A lot line court of the type shown in the 
right hand diagram of Figure 5 on page 42 but open- 
ing on one side into a side yard is essentially an inner 
court and should be so treated. In measuring its 
width, however, it is only reasonable to count that 
portion of the side \'ard which extends for the length 
of the court as part of the court's effective width. 
It of course needs no intake as the side yard acts in 
that capacity. The following sketches show the main 
types of inner and outer courts. (Figures 5, 6 and 7.) 

41 



A MODEL HOUSING LAW 



2(7) 






YAR.D 






y//////// 




Ul 


''^///////// 


U( 


"Z i>. 


//// 


H- 


z 


— 1 a 








~u 1 => 


^ 


Ui 

z 






y///////A 






y///////A 





Street 



' 


Yarp 






a 


Of' 


^^^^^ 


q: 




IP 


1^ 


«/) 


M 

%^%< 


CO 









Figure 5 
Inner Courts 




OuterCo(;rt 

AT REAR 




OuTER-CouRT AT Front 

^TJ^EET 

Figure 6 
Outer Courts Between Wings 




OcifERCoURT 

BornrRONTS^eAR 



g YAR.P fe 


. 


Yard 




YARD 


c^ 




1— 
















lU 

(— 


m. 


^^^ 


Ui 

V- 




W/. 


% 

3 





'///A 







'/A/////// 







y/y/ 





^ 




^8 




^8 


y^Y/////^ 




<^ 


//// 










//// 





WM. 




t 
6 


/^ 


SI 

1 




UJ 




W\ 


0/ 




STR-EET 

Figure 7 
Outer Courts on the Lot Line 

42 



§2 (8), (9) GENERAL PROVISIONS 

§2(8) Corner. -WD Interior Lots. A "corner lot" is a 
lot of which at least two adjacent sides abut for their full 
length upon a street. A lot other than a corner lot is an 
"interior" lot. 

Note: As buildings on corner lots secure much Explana- 
more liberal treatment in the percentage of lot which tion 
ma\' be occupied and also may have smaller yards 
than those on interior lots, this definition is necessary. 
Interior lots are "all others." In some cities a third 
type is recognized, namely, "through lots," or those 
that extend through from one street to a parallel 
street. These are purposely not included here, as 
this type of construction is one that should not be per- 
mitted. It is not necessary in any city except in the 
closely built up business districts where it is considered 
desirable to utilize every inch of space, and where 
frequently it becomes necessary to have a large amount 
of continuous unbroken floor space. In residence 
districts these conditions do not exist. This method 
of building should be strongly discouraged even for 
business buildings, as it destroys any plan for block 
ventilation and violates some of the most elementary 
principles of intelligent city planning. 

It should be noted that under the provisions of §2 
(21) a public alley 16 feet wide or more is treated as a 
street. That means that a lot of which one side abuts 
the street and an adjacent side abuts such an alley 
would be treated as a corner lot and would be given 
the privileges which pertain to such lots. It should 
have these. 



§2 (9) Front; Rear; and Depth^ of Lot. The 
front of a lot is that boundary line which borders on the 
street. In the case of a corner lot the owner may elect by 
statement on his plans either street boundary line as the 
front.2 The rear^ of a lot is the side opposite to the front. 
In the case of a triangular or gore lot the rear is the boun- 
dary line not bordering on a street. The depth of a lot is 
the dimension measured from the front of the lot to the 
extreme rear line of the lot. In the case of irregular- 
shaped lots the mean depth shall be taken. 

4^ 



A MODEL HOUSING LAW § 2 (9) 

Explana- Note i : This definition would be unnecessary 

tion were it not for the triangular-shaped lots which border 

on three streets, in relation to which the question of 
where the yard is to be left becomes a doubtful one. 
Some ingenious architects and owners have sought 
to induce the public officials in such cases to rule that 
one of the streets is the " yard, '' thus permitting more 
of the lot to be occupied. To prevent this evasion 
of the law this definition is necessary. The following 
diagram illustrates the point at issue. 




Street 



Figure 8 

Note 2: It is wise to be liberal in the case of a 
corner lot and leave the owner free to place his en- 
trance on either street frontage which may best suit 
his purpose, instead of attempting, as is done in some 
building codes, to lay down the hard and fast rule 
that the narrower frontage shall always be the front. 
There is nothing to be gained by this and it might 
work hardship in some cases. It should be noted 
that the entrance is not necessarily on the front; 
it may be on the side. This is important, as there 
are often local neighborhood reasons for having the 
entrance on one street rather than another. 

Note 3: In cases where the end of the building 
faces the street, doubt has arisen as to where the yard 
should be left. The definition clarifies this point. 
(See Figure 9.) 

The front is at A, the rear at B. It has been claimed 
that the front is at C, and the rear at D because the en- 
trance to the house is at C, and that the yard should be 

44 



§2(I0), (II) 



GENERAL PROVISIONS 



left along the line D D. Such a construction is absurd 
and would be prohibitive. The definition makes such an 
interpretation impossible 



3 f^HAR 




^ FRONT 

(STREET 

Figure 9 



§ 2 (10) Public Hall. A "public hall" is a hall, cor- 
ridor or passageway not within the exclusive control of 
one family. 

Note: It should be noted that under this definition Explana- 
there are no "public halls" in a private dwelling, and ^Jq^ 
that therefore the requirements of the act relative 
to public halls will not apply to such houses. This 
will also be the case in the usual type of two-family 
house, where separate hallways and entrances are pro- 
vided for each family. 



§2 (11) Stair Hall. A "stair hall" is a public hall 
and includes the stairs, stair landings, and those portions 
of the building through which it is necessary to pass in 
going between the entrance floor and the roof. 

Note: It should be noted that a stair hall is by this Exolana- 
defmition specifically declared to be a public hall, and . • ^ 
therefore is subject to the requirements of the act 
relative to public halls.. 

45 



A MODEL HOUSING LAW §2 (l2), (13) 

§2(12) Windows. Windows required by this act may be 
either double hung, pivoted, hinged or casement sash. All 
the provisions of this act relative to the size and opening of 
windows shall apply equally to storm sash if used. 

§2 (13) Basement;^ Cellar; Attic, (a) A "base- 
ment" is a story partly underground but having at least 
one-half of its height above the curb level, and also one- 
half of its height above the highest level of the adjoining 
ground. 2 A basement shall be counted as a story.^ 

(b) A "cellar'' is a story having more than one-half of 
its height below the curb level, or below the highest level 
of the adjoining ground.^ A cellar shall not be counted 
as a story for purposes of height measurement.^ If any 
part of a story is in that part the equivalent of a basement 
or cellar, the provisions of this act relative to basements 
and cellars shall apply to such part^ of said story. 

(c) Any part story, whether basement, cellar or attic,^ 
if occupied in whole or in part for living purposes shall be 
counted as a full story. Where, however, a dwelling is 
situated on a side hill and the conditions of grade are such 
that what would naturally be a cellar becomes a basement 
under this definition, such a basement shall not be counted 
as a story provided it is not occupied for living purposes; 
but only one such basement shall be thus exempt. 

pi Note i : There is much misunderstanding in the 

.• Jl popular mind as to basements and cellars with a 

strong tendency to lump all underground rooms to- 
gether in one objectionable class. This is neither 
fair nor wise. The two are quite different. Many 
basement rooms are fit for habitation; few cellar 
ones are. It should be borne in mind that a basement 
is a story which is in even the slightest degree below the 
ground. Some basements have their floors but a step 
or two below the sidewalk and are practically the 
equivalent of first floor rooms; to prohibit the oc- 
cupancy of such rooms would obviously be unreason- 
able. Wherever the line is drawn it necessarily is a 
more or less arbitrary one, and a good case can be 
made out, at least on paper, against the "unreason- 

46 



§2(13) GENERAL PROVISIONS 

ableness" of a requirtMiient which permits the oc- 
cupancy of a room whose ceiling is 4 feet 6 inches 
above ground, and forbids the use of an identical 
room whose ceiling is but 4 feet 5 inches above it. 
This argument applies to all cases where definite fixed 
standards are established; the man who falls just one 
side or the other will seem to be discriminated against. 
But these are chiefly arguments of the "enemy" for 
the purpose of discrediting the law. There are no 
real obstacles involved. As such standards apply to 
future construction it is quite eas}' for the individual 
to adapt himself to them without loss or hardship. 
The standard here established of half the height of the 
room above ground is the standard which has been in 
use for fifty >'ears past. As it has proved satisfactory 
in that time and given no trouble it is continued. 

Note 2: 1he most difficult question involved in 
the definition of basement and cellar is its adaptation 
to the varying conditions which exist in hilly com- 
munities. Here one may have a story that is a cellar 
in the front of the building, and a basement, or en- 
tirely above ground, at the rear, and vice versa. In 
such cases it would be unfair to prohibit the occupancy 
of rooms at the rear which are entirely above ground 
and meet all the requirements of the law in other re- 
spects. On the other hand, it is not wise to permit 
a builder to have his buildings one story higher in the 
rear than in the front through the simple expedient 
of excavating his land at the back part of his lot and 
carrying his yards and courts down, thus putting 
a whole story of his building below ground and be- 
low the level of neighboring property. (See Figure 
10.) There is no city where underground living is 
a necessity. It is obviously undesirable. The defi- 
nitions have been framed with the most minute care 
with these considerations in mind. It should be noted 
that in the case of basements a double condition is 
imposed (and similarly with cellars); namely, the 
ceiling must be one-half of its height above both the 
curb in front of the building and also above the highest 
level of the adjoining ground. This takes care of the 
conditions above described and illustrated in Figures 
10 and • 1 1 . These show "sections through" — not 
plans. 

Figure 10 illustrates the case where the land is 

47 



A MODEL HOUSING LAW 



§2(13) 



higher in the front than at the rear, either naturally 
so, or because the rear is excavated. The rear rooms 
in this cellar are entirely above ground and are fit for 
occupancy. The front ones are not. Figure 1 1 illus- 
trates the opposite case where the land is higher 



SnZEET 



Curs 






BASEANEr^T" 



Cellai^ 



Yard 



Figure 10 

at the rear than at the front. Here the basement is 
fit for occupancy in the front part but not in the rear. 
If it were not for the double condition imposed by 
the definition requiring the height to be not only above 
the curb level but also above the highest level of the 
adjoining ground, it would be possible to have these 
objectionable rooms occupied in each case. 



^TRCET >^ALK 



C«R8 



^ 



Basement 



Figure ii 



Note 3: "A basement shall be counted as a story, 
a cellar shall not be so counted.'' This at first sight 
seems unfair. Upon reflection it is found essential, 
as otherwise the plan for restricting the height of non- 
fire-resistive buildings to three stories could be easily 
evaded. Thus a man could build a three story and 
"basement" building, making the "basement" floor a 

48 



§ 2 (14) GENERAL PROVISIONS 

few inches below the entrance level; by this means he 
could get four full stories thus defeating the purpose 
of the act to keep non-fire-resistive houses down to three 
stories. (See Section 52.) 

Note 4: The considerations which have been set 
forth so fully in Note 2 indicate the necessity of treat- 
ing the different parts of a cellar or basement, or even 
of an upper story, separately, where there are vary- 
ing conditions of grade. (See Figures 10 and 11.) 
Each portion should be treated on its merits. 

Note 5: The above questions are important in 
connection with Sections 26, 3 1 , 42, 43, 52, and 94. 

Note 6: Attics present some difficulties. Where 
they are built there is danger that at some future time 
they will be lived in, and they are as a rule not fit for 
living purposes, especially in multiple dwellings. It 
would be simpler to rule them out but this is not prac- 
ticable. People do not want all houses to be flat- 
roofed houses, and in private dwellings and two- 
family houses the peaked roof is the rule rather than 
the exception. Also there is a desire and need for the 
storage space thus afforded. There is, however, no 
such necessity for attics in multiple dwellings; the 
arrangement of the building changes that. This sub- 
ject is important in connection with Sections 22, 23, 
24, 25 and 52. 

§2 (14) Height. The "height" of a dwelling is the 
perpendicular distance measured in a straight line from 
the curb level to the highest point of the roof beams in the 
case of flat roofs, and to the average of the height of the 
gable in the case of pitched roofs, the measurements in all 
cases to be taken through the centre of the front of the 
house. Where a dwelling is situated on a terrace above 
the curb level such height shall be measured from the level 
of the adjoining ground. Where a dwelling is on a corner 
lot and there is more than one grade or level, the measure- 
ments shall be taken through the centre of the front on the 
street having the lowest elevation. 

Note: Where there are two grades, pressure will be Explana- 
brought to bear to have the measurements of height tion ' 
taken from the higher level rather than the lower, thus 

4 49 



A MODEL HOUSING LAW 



§2 (15), (16) 



Explana- 
tion 



Explana- 
tion 



permitting a higher building. In some cases, depend- 
ing on the steepness of the grade, this might result in 
non-fire-resistive buildings three stories high at one 
point and four or five stories high throughout most of 
the building, thus defeating the purpose of the law 
to keep non-fi re-resistive buildings down to three 
stories. (See Section 52.) 

§2 (15) Curb Level. The ''curb level" is the level 
of the established curb in front of the building measured 
at the centre of such front. Where no curb has been es- 
tablished the city engineer, or other officer performing such 
functions, shall establish such curb level or its equivalent 
for the purposes of this act. 

Note: It will not do to let each irresponsible 
builder or owner fix the curb at such point as will best 
suit his purposes; this should be done by some re- 
sponsible public official. As the curb level is thus 
fixed only "for the purposes of this act," to enable 
the enforcing official to determine measurement of 
height and the conditions of occupancy of basement 
rooms, the health officer is the best person to designate 
for this purpose. Such a provision is invariably not 
understood by members of the legislature and is often 
pointed to by those opposed to such legislation as 
evidence of the ''impractical" nature of the measure. 
It is better not to furnish any ammunition to the 
enemy, and therefore leave this to be determined by 
the city engineer. 

§2 (16) Occupied Spaces. Outside stairways, fire- 
escapes, fire towers, porches,^ platforms, balconies, boiler 
flues, cornices, 2 eaves, and other projections shall be con- 
sidered as part of the dwelling and not as part of the yards 
or courts or unoccupied area. 

Note i : It is hardly debatable that the minimum 
open spaces left unbuilt upon for light and air should 
be left entirely unoccupied. A court or \'ard filled up 
with fire-escapes will prove of little value for light and 
ventilation. Some difficulties will be encountered, 
however, in the case of porches. In the smaller cities 
the back porch as well as the front porch is an insti- 

50 



§ 2 (ly) GENERAL PROVISIONS 

tution, and even the side porch in the case of the de- 
tached house is much desired, especially in "double- 
houses." In such cases it is wise to permit these, but 
safeguarded as indicated in Concession i. Add at the 
end of the first sentence after "unoccupied area" the 
following: 

Concession i: "This provision shall not apph' to un- Concession 
enclosed outside porches not exceeding one stor\' in height 
which do not extend into the front or rear yard a greater 
distance than TEN feet from the front or rear wall of the 
dwelling; nor to one such porch which does not extend 
into the side \ard a greater distance than SIX feet from 
the side wall of the dwelling nor exceed TWELVE feet 
in its other horizontal dimension." 

Note 2: Cornices are also troublesome. Where Explana- 
the house has a peaked roof there is sure to be an ^[q^ 
overhanging cornice. This will do little harm at the 
front or rear but if not safeguarded will do great harm 
in completely shutting light and air out of the side 
yard. It is not uncommon to see two overhanging 
cornices of adjoining houses meeting over the side 
yards completely closing them in at the top and effec- 
tually shutting out a large part of the light. The 
limit of projection established in Concession 2 is the 
absolute limit. Add at the end of the section the fol- 
lowing: 

Concession 2: "When cornices or eaves project into Concession 
an outer court or into a side \'ard for adistance of more 
than EIGHTEEN inches, that portion in excess of EIGH- 
TEEN inches shall be considered as part of the dwelling. 
Cornices or eaves which project into an inner court to any 
extent shall be considered as part of the dwelling." 

§2 (17) Fire-resistive Dwelling.^ A "fire-resistive 
dwelling" is one the walls of which are constructed of 
brick, stone, cement, iron or other hard incombustible 
material and in which there are no wood beams or lintels 
and in which the floors, roofs, stair halls and public halls 
are built entire!}' of brick, stone, cement, iron, or other 

51 



A MODEL HOUSING LAW §2 (l8) 

hard incombustible material, and in which no woodwork^ 
or other inflammable material is used in any of the parti- 
tions, furrings or ceilings. But this definition shall not be 
construed as prohibiting, elsewhere than in the public halls, 
the use of wooden floor=^ sleepers, grounds, bucks, and nail- 
ing blocks when entirely embedded in incombustible mate- 
rial; nor of wooden fmish flooring, and interior doors and 
windows, with their frames, trim and casings; nor of 
wooden interior fmish when backed solidly with fire- 
resistive material; nor of wooden wainscoting up to a 
height of three feet from the floor. Wooden ceilings shall 
not be constructed. 

ExDlana- Note i : This defines a type of building known until 

X- ^ recently as a" fireproof building. In recent years the 

best authorities on Fire Prevention, notably the Na- 
tional Fire Protection Association and the National 
Board of Fire Underwriters have sought to get away 
from this misleading term; for, they have been quick 
to admit that there is no such thing as a "fireproof 
building. The best any one can hope for is a 'Tire- 
resistive" one. The definition follows closely the de- 
finition of the National Board of Fire Underwriters in 
their ''Recommended Building Code.'' 

Note 2: This definition does not correspond to 
what may be termed the ^x/r^-fire-resistive building, 
in which it is required that all doors, windows, win- 
dow frames, and trim shall be of metal and the use of 
wood anywhere is prohibited. Heretofore this extra- 
fire-resistive construction has not been thought nec- 
essary except in the case of buildings exceeding 1 50 
feet in height. As this law does not contemplate the 
erection of any building over 100 feet in height, the 
matter of extra safeguards may safely be left to the 
local building code. 

Note 3: Under this definition it should be noted 
that in " fire-resistive dwellings " ordinary wooden floors 
may be used as a carpet or finish on top of a struc- 
tural floor of strictly fire-resistive material; but not in 
the public halls, which include the stair halls. 

§2 (18) Wooden Building. ^ A "wooden building" is 
a^building of which the exterior walls or a portion thereof 

52 



§ 2 (\g), (20) GENERAL PROVISIONS 

are of wood. Court walls are exterior walls. A building 
with wooden framework veneered with brick, stone, terra- 
cotta or concrete, or covered with plaster, stucco or sheet 
metal is a wooden building for purposes of this act. 

Note: This definition practically coincides with Explana- 
the definition in the " Recommended Building Code" tion 
of the National Board of Fire Underwriters. 

§2 (19) Nuisance. The word "nuisance" shall be 
held to embrace public nuisance as known at common law 
or in equit)' jurisprudence; and whatever is dangerous to 
human life or detrimental to health; whatever dwelling 
is overcrowded with occupants or is not provided with ade- 
quate ingress and egress to or from the same, or is not suf- 
ficiently supported, ventilated, sewered, drained, cleaned 
or lighted, in reference to its intended or actual use; and 
whatever renders the air or human food or drink unwhole- 
some, are also severally, in contemplation of this act, 
nuisances; and all such nuisances are hereby declared il- 
legal. 

Note: The common law right of every community Explana- 
to abate nuisances exists from time immemorial. The tion 
broadening of the definition as herein indicated, 
therefore, greatly increases the powers of the local 
officials and may prove a very valuable weapon if 
other powers granted under this act should be lost 
through the successful action of hostile interests. 
(See Sections 112, 113.) 

§ 2 (20) Construction of Certain Words. ^ The word 
"shair'2 is always mandatory and not directory, and de- 
notes that the dwelling shall be maintained^ in all respects 
according to the mandate as long as it continues to be a 
dwelling. Wherever the words "charter," "ordinances,'' 
"regulations," "inspector of buildings," "health depart- 
ment," "board of health," "health officer," "department 
charged with the enforcement of this act," "commissioner 
of public safet\'," "corporation counsel," "mayor," "city 
treasur}'," or "fire limits" occur in this act the\' shall be 

33 



A MODEL HOUSING LAW § 2 (20) 

construed as if followed by the words ''of the city, town 
or village in which the dwelling is situated."^ Wherever 
the word ''city" occurs in this act it shall be construed as 
if followed by the words " town or village/' " Inspector of 
buildings"^ means that public official charged with the 
enforcement of the laws in relation to the construction of 
buildings. Wherever the words "occupied" or "used"^ 
are employed in this act such words shall be construed as if 
followed by the words "or is intended, arranged, designed, 
built, altered, converted to, rented, leased, let or hired 
out, to be occupied or used." Wherever the words " dwell- 
ing," "two-family-dwelling," "multiple-dwelling," "build- 
ing," "house," "premises," or "lot" are used in this act, 
they shall be construed as if followed by the words "or 
any part thereof."' Wherever the words "city water"^ 
are used in this act, they shall be construed as meaning any 
public supply of water through street mains. Wherever 
the words "public sewer" are used in this act they shall 
be construed as meaning any part of a s\'stem of sewers 
that is used by the public, whether or not such part was 
constructed at the public expense. "Approved fire- 
resistive material" means as set forth by ordinances, or if 
not so determined, as approved by the inspector of build- 
ings. The term "fire-resistive"^ applies to materials and 
construction which will satisfactorily resist fire in accord- 
ance with the specifications established by the United 
States Bureau of Standards of the federal government and 
by the Joint Conference on Fire Tests. 

Explana- Note i : The purpose of this section is to simplify 

^•qjj the language of the act wherever possible and avoid 

the necessity of constantly repeating a mass of verbi- 
age in order to insure precision and prevent evasion 
of the law. What is done here enables us to "clear 
the decks" generally. 

Note 2: In some cases the word "shall" has been 
held by the courts to mean "may." The effect of 
such a construction is to make vitally important sec- 
tions of the law which should be mandatory and 
should be enforced in all cases, enforcible only in the 
discretion of the enforcing officials. This defeats the 

54 



§ 2 (20) GENERAL PROVISIONS 

purposes of the act and encourages graft and favor- 
itism. For further discussion of the abuse of dis- 
cretionar>- power see "Housing Reform," pages Qo-04.* 

Note 3: The phrase "the dwelhng shall be main- 
tained in all respects according to the mandate as 
long as it continues to be a dwelling" has the effect 
of preventing the subsequent alteration of the build- 
ing otherwise than in accordance with the law. 

Note 4: If the application of the act is limited to 
one city, this sentence should be omitted. 

Note 5: In some cities there is no inspector of 
buildings. In such cases it is therefore necessary to 
provide for this contingenc\- b\' permitting the ma\or 
to designate the fire marshal, or fire chief, or police chief 
or some other appropriate person. Add after "the con- 
struction of buildings" the following; 

Vari.ation : " Where there is no such official, the ma\or Variation 
shall designate someone so to act for the purposes of this 
act." 

Note 6: This is vitally important; without it the Explana- 
whole law can be made of no avail. In the case of j-j^j^ 
new buildings, an architect or builder could refuse to 
comply with the law on the ground that his building 
was not occupied by three families — being occupied 
by no one, not yet being built, and therefore did not 
come under the definition of a multiple dwelling. 
This is not a fanciful view, though it may seem so; 
there have been cities where this has been done and 
where friendl\- public officials have acquiesced in 
such an interpretation. The phrase "or is intended, 
arranged, designed, built, altered, converted" covers 
this loophole. 

Similarly in some cities where occupancy by three 
families constitutes a building a tenement house, 
owners have adopted the device of temporarily put- 
ting out one famil\' and then claiming that the build- 
ing is not a tenement house as it is then occupied b\' 
only two families. This has been successful even 
where the building is a three-story one with three 
separate apartments in it and clearly arranged for 
occupancy by three separate families. The phrase 

* Housing Reform. By Lawrence Veiller. Russell Sage Foundation 
Publication. New York, 1910. 

55 



A MODEL HOUSING LAW § 2 (2 I ) 

"arranged, built, altered, converted to, rented, leased, 
let or hired out to be occupied" covers this loophole. 

Note 7: Without this provision the law could be 
easily evaded. All that an owner would need to do 
to escape compliance with the law would be to have 
his building an "office" building, or "loft," or some 
other type of building and use part of it as a dwelling 
or multiple dwelling. 

Note 8: This is necessary; for, in some com- 
munities not only is water supplied to the whole 
town by private contract but even a system of sewage 
disposal is thus installed and maintained. Such a 
system for purposes of this act is the equivalent of a 
system of public sewers and communal water supply. 

Note 9: This definition is the definition adopted by 
the National Fire Protection Association on the recom- 
mendation of its Committee on Nomenclature, it 
is based on the conclusions and deliberations of a 
joint conference of the following technical societies 
interested in the subject: National Fire Protection 
Association, American Society for Testing Materials, 
U. S. Bureau of Standards, National Board of Fire 
Underwriters, Underwriters' Laboratories, Associated 
Factory Mutual Fire Insurance Companies, American 
Institute of Architects, American Concrete Institute, 
American Society of Mechanical Engineers, American 
Society of Civil Engineers, Canadian Society of Civil 
Engineers. The "specifications" referred to are in 
official use in the control of fire tests at the Under- 
writers' Laboratories and by the U. S. Bureau of 
Standards. The specifications deal with the following 
subjects: Control of Fire Tests, the Time Temper- 
ature Control Curve, Determination of Temperatures, 
Test Structures, Test Sample, Fire Test, Fire Stream 
Test, Application of Water, etc. For further details of 
these specifications see pamphlet issued by National 
Fire Protection Association, 87 Milk Street, Boston, 
October 19 18, entitled "Consolidated and Revised 
Reports of the Committee on Fire-resistive Construc- 
tion for the years 19 13-19 18, inclusive." 

§2 (21) Street. Wherever the word "street" is used 
in this act it shall be construed as including any public 
alley SIXTEEN feet or more in width. Where a street 
immediately abuts and approximatelv parallels a public 

56 



§3 GENERAL PROVISIONS 

park, public place, railroad right of way, aqueduct, river or 
lake, ravine or similar formation assuring a permanent 
open space, the street, for purposes of this act, shall be 
deemed to include such above-named open spaces. Where 
such open space immediately abuts the rear of a lot so as 
to afford an open space the equivalent of a street or alley 
it shall be treated as a street or alley. 

Note: In cities where there are alle\'s it is neces- Explana- 
sary to treat the larger ones that are public thorough- tion 
fares as streets. What the dividing line between 
street and alley is it is hard to say, but width and pub- 
lic ownership rather than private ownership are two 
determining factors at least. By means of this 
clause it is made impossible to erect tall dwellings on 
narrow alleys, as they must be treated as streets and 
the height of the building limited to the width of the 
alley. (See Section 21.) This clause also has an im- 
portant bearing on Sections 28, 31, 37, 38, 48, 71 and 
1 20. Without it, it would not be lawful to use an alley 
16 feet wide as a means of light and ventilation. It is 
obvious that this should be permitted. It should be 
noted that only a public alley is to be deemed a street, 
that is, one of which the city owns the fee; this is 
eminently fair, as private alleys can be closed or aban- 
doned and thus lose their value as a permanent source 
of light and ventilation. The determination of how 
narrow an alley should be recognized as a lawful 
source of light and ventilation will necessarily vary 
in each city, depending on the custom or prevailing 
width in that city. The standard in the law should 
harmonize with the prevailing local conditions so 
far as practicable. 

§ 3. Buildings Converted or Altered. ^ A building 
not a dwelling if hereafter converted or altered to such use 
shall thereupon become subject to all the provisions of this 
act relative to dwellings hereafter erected. A dwelling 
of one class if hereafter altered or converted to another 
class shall thereupon become subject to all the provisions 
of this act relative to such class.- The lawful taking in of 
roomers, boarders or lodgers into a private dwelling or two- 
famih' dwelling as authorized b>' section one hundred and 

57 



A MODEL HOUSING LAW § 3 

eleven shall not of itself be deemed to change the class of 
such dwelling to that of a multiple-dwelling, unless the 
health oificer shall so decide. 

Explana- Note i : Without this provision the law can be 

^[q^ completely evaded by erecting all new buildings in 

the guise of "alterations" to existing buildings. In a 
well-known Eastern city a few years ago when there 
was a somewhat drastic tenement house law on the 
statute books affecting only new construction, it 
happened that for a period of several years few new 
houses were built. Upon inquiry it developed that 
all building operations were ''alterations.'' Plans 
would be filed for the "alteration" of an existing 
building; one portion of the building would be left 
standing while the new work was going on in another 
portion, and then the remaining portion would be 
torn down and the new work extended there until a 
completely new building was erected, without com- 
pliance with the law, as the law did not apply to 
alterations. 

Irrespective of these considerations, it is obvious 
that it would be both unfair and unwise to permit 
the alteration of existing buildings to a changed use 
without enforcing compliance with the terms of the 
act applicable to new buildings, as the effect of such a 
policy would necessarily be to prevent the construc- 
tion of new houses, thus perpetuating the evils of the 
older buildings and indefinitely extending their lease 
of life. 

Note 2: In recent years with the serious house 
shortage that has developed throughout the country 
because of the almost complete cessation of building 
activities during the War, and the subsequent high 
cost of building due to high prices, strong pressure 
has been brought in several cities to permit the use of 
old private dwellings for multiple dwellings of various 
kinds without complying with the provisions of law 
which the Model Law requires to be observed in the 
erection of new multiple dwellings. 

Notwithstanding the clamor of private interests 
that will arise — for, every owner of an old dwelling 
will naturally be desirous of finding a profitable use 
for property that has ceased to be profitable and will 
be urgent in demanding that the housing shortage be 

58 



§3 GENERAL PROVISIONS 

met and that people without homes shall be housed — 
notwithstanding this, housing reformers should oppose 
to the limit any proposal to thu6 prolong the life of 
old buildings not suited for the use to which it is 
proposed to put them. 

From time immemorial, as every report on housing 
conditions in America will bear out, the worst condi- 
tions are invariably found in this type of building, 
viz., the converted dwelling. If it is desired to create 
and perpetuate slums this is tJ?e way to do it, by 
legalizing the improper use of buildings that are un- 
sanitarx' and a menace to both the health and safety 
of the occupants. 

There is of course no objection to altering an old 
dwelling into a tenement house, provided the neces- 
sary sanitary and safety precautions are observed, 
just as would be done in the case of a new dwelling 
now being erected and as this section of the law re- 
quires. But what the owners of old dwellings want is 
permission to use these buildings without observing 
such precautions. If the old buildings have dark in- 
terior rooms in them — breeders of tuberculosis though 
they are — it will be found that the owners want to 
be permitted to use them; if the houses are fire-traps 
with inflammable wooden stairs and dangerous hall 
partitions — conditions dangerous enough for one 
famil\- but unspeakably hazardous for three families — 
nevertheless, it will be found that the owners will still 
want permission to use the houses just as they are. 
Such things should not be permitted. No considera- 
tion of expediency nor insistence of private interests 
should be allowed to prevail over the clearly recog- 
nized necessity of protecting the health and safety of 
the community. 

An additional reason against permitting such use 
of old buildings is the effect that such unfair compe- 
tition will have on the production of new dwellings. 
Few new dwellings will be built so long as there are 
old buildings that can be turned to such use at almost 
no expense. No new dwelling that has to comply 
with all the provisions of a housing law can compete 
economically with an old building that has to comply 
with no provision of law. It is an unfair competition. 
It should not be tolerated. Builders and building 
material interests should be quick to oppose it. 

59 



a model housing law § 4 

§ 4. Alterations and Change in Occupancy.^ No 
dwelling hereafter erected shall at any time be altered so 
as to be in violation" of any provision of this act. And no 
dwelling erected prior to the passage of this act shall at 
any time be altered so as to be in violation of those pro- 
visions of this act applicable to such dwelling. If any 
dwelling or any part thereof is occupied by more families 
than provided in this act, or is erected, altered or occupied 
contrary to law,^ such dwelling shall be deemed an un- 
lawful structure, and the health oificer may cause such 
dwelling to be vacated. And such dwelling shall not again 
be occupied until it or its occupation, as the case may be, 
has been made to conform to the law. 

Explana- Note i : This section should be read with care. 

^•q^ It distinguishes between two kinds of dwellings; 

namely, those erected under the terms of the act, and 
those erected before its passage. It is obvious that 
it should not be possible to erect a new dwelling in 
compliance with the act and then a few years later 
alter it contrary to its requirements. If this were 
possible the law would not be worth much. In the 
case of dwellings erected before its passage, on the 
other hand, it would be unreasonable to forbid 
the alteration of such a building unless it complied 
with the requirements applicable to new ones. The 
effect of such a requirement would be to stop all im- 
provement to the older buildings. What this sec- 
tion does is to prohibit the alteration of such a build- 
ing so as to be at variance with the provisions rela- 
tive to such buildings only and not to new buildings; 
namely, Articles III, IV and V. To illustrate, an 
.existing dwelling built some years prior to the pas- 
sage of the law might occupy 80 per cent of the lot, 
and it might be desired to alter this building in 
the interior, rearranging partitions, throwing several 
small dark rooms into one large lighter room, and 
thus greatly improving the conditions, but not ex- 
tending the building, nor increasing the percentage 
of the lot occupied. Such an improvement should of 
course be permitted, but would not be possible if the 
law prohibited the alteration of an existing building 
except in conformity with the provisions of the act 
60 



§ 5 GENERAL PROVISIONS 

relative to new dwellings, as is required in some care- 
lessly drawn building codes. On the other hand, it 
should not be possible to create new dark rooms in 
an old building, where none were before. Both these 
points are safeguarded in this section. 

Note 2: The special proviso as to change in occu- 
pancy is necessary because of the fact that the use and 
character of a building may be completely changed 
without any structural alteration whatever, merely 
by changed occupanc\'; without such a provision 
some courts have had a tendency to construe the law 
narrowly and hold that change in use is not altera- 
tion. 

§ 5. Dwellings Moved. ^ If any dwelling be hereafter 
moved from one lot to another it shall thereupon be made 
to conform to all the provisions of this act relative to 
dwellings hereafter erected. Except that in cases where 
such dwelling fails to so conform in some few technical- 
respects, the health officer may in his discretion' grant a 
permit for the moving of such dwelling; provided, how- 
ever, in his opinion the spirit of the law will be observed 
and no condition injurious to health or safety will result 
therefrom. In all such cases he shall file among the pub- 
lic records of his department a statement in writing duly 
signed by him, setting forth in detail the respects in which 
such dwelling fails to conform to the law and his reasons 
for granting such permit. 

Note i : An ingenious way of beating the law has Explana- 
been employed in some cities by moving an old build- tion 
ing from one location to a lot that was before vacant, 
thus putting a new building where no building was 
before; as such building was not one "hereafter 
erected or altered," the law did not apply. This 
section prevents this method of evasion. 

Note 2: It has been found in practice that in some 
cases considerable hardship results where the law re- 
quires a dwelling moved from one lot to another to 
be treated as a new building. Such dwellings may 
contain rooms that are a few inches less in area or in 
height than the minimum requirements for new dwell- 
ings. Obviously, the>' cannot be altered to conform 
61 



A MODEL HOUSING LAW §§ 6, 7 

to the law except at prohibitive cost. It is therefore 
necessary to vest the enforcing officials with some de- 
gree of discretion in such cases, while at the same 
time safeguarding against the abuse of it. The friends 
of the law will need to be on their guard; if they are 
not careful, strong pressure will be brought to extend 
this use of discretionary power to other features of 
the law, with very serious consequences to the integ- 
rity of the whole law. For discussion of the abuse of 
discretionary power see " Housing Reform," pages 90- 
94.* 

§ 6. Dwellings Damaged. If a dwelling be damaged 
by fire or other cause to the extent of not more than ONE 
HALF of its original value, exclusive of the value of the 
foundations, such dwelling in being repaired or rebuilt 
need not comply with the provisions of this act relative 
to dwellings hereafter erected, but shall comply with the 
provisions of the laws or ordinances in force prior to the 
passage of this act. If damaged to the extent of more 
than ONE HALF of such value, it shall not be repaired 
or rebuilt except in conformity with the provisions of this 
act relative to dwellings hereafter erected. 

Explana- Note: In some communities considerable objection 

tion has been made even to this very liberal provision; 

strong individualists believing that if a man's house 
burns down he ought to be allowed to "restore" it 
exactly as it was. Where it is a slight fire he cer- 
tainly ought to be able to restore it to its previous 
condition. But where the building is destroyed or 
approximately so, he ought not be allowed to perpet- 
uate an outlawed type of construction, and foist upon 
the community an objectionable type of house and 
thus enjoy an unfair advantage over his competitors 
who would not be allowed to build such a house, if 
building anew. If strong opposition to this provision 
develops, it is suggested that the words ONE HALF 
be changed to TWO TH I RDS. 

§ 7. Minimum Requirements;^ Law not to be Modi- 
fied. The provisions of this act shall be held to be the 

*Housing Reform. By Lawrence X'eiller, Russell Sage Foundation, 
New York, 1910. 

62 



§ 7 GENERAL PROVISIONS 

minimum requirements adopted for the protection of the 
health, welfare and safety of the communit\'.^ The local 
legislative bod\' of each cit\' is hereby empowered to 
enact from time to time supplementar\' ordinances im- 
posing requirements higher- than the minimum require- 
ments laid down in this act, relative to light, ventilation, 
sanitation, fire prevention, egress, occupancy, mainte- 
nance and use, for all dwellings. And such local legislative 
bod\' is hereb\' further empowered to prescribe for the 
enforcement of the aforesaid supplementary ordinances 
remedies^ and penalties similar to those prescribed in this 
act. But no ordinance, regulation, ruling or decision of 
an\' municipal bod\-, board, officer or authority shall 
repeal, amend, modif\' or dispense with any of the said 
minimum requirements'"' laid down in this act.-'^ Wherever 
this act requires a greater width or size of yards or courts, 
or requires a lower height of building, or requires a greater 
percentage of lot to be left unoccupied, or imposes any 
other higher standard than is required in any local ordi- 
nance or regulation, the provisions of this act shall govern. 
Wherever the provisions of any local ordinance or regula- 
tion require a greater width or size of yards or courts, or 
require a lower height of building, or require a greater 
percentage of lot to be left unoccupied, or impose any 
other higher standard than is required in this act, such 
local ordinance or regulation shall govern. 

Note i: This "Home Rule" provision of the act Explana- 
is a vitall}' important one in its different bearings, tion 
In the first place, it effectively silences opposition to 
the act raised by special interests who are adversely 
affected by its provisions and who, as an effective 
means of choking off all legislation, seek to raise the 
"Home Rule issue"; namely, objection to the pas- 
sage of a statute on this subject as distinguished from 
a local ordinance.* No one is able to advance any 
argument against the propriety of the state's embody- 
ing in the fundamental law the minimum require- 

* For discussion of the advantages of a state law as against a loca I 
ordinance, see Housing Reform, pp. 1 51-153. 

6? 



A MODEL HOUSING LAW §7 

ments necessary for the protection of the "health, 
welfare and safety of the community/' especially 
when at the same time a liberal grant of power is 
given to each community to enact supplementary 
ordinances on this subject. 

Note 2 : The method herein employed also becomes 
at times the only practical way of harmonizing the 
conflicting standards of different cities in the same 
state where a provision of law that is acceptable to 
one city is felt to be too drastic by another city in 
which certain evils have become more firmly in- 
trenched or where land values are higher or pressure 
of population greater. Standards can accordingly 
be set at a level that will satisfy all concerned and 
the cities which wish higher standards are free to 
adopt them by means of local ordinances. 

Note 3: The declaration of the fundamental pur- 
poses of the act as an exercise of the police power of 
the state, embodied in the first sentence of this sec- 
tion, should prove helpful in litigation in the event of 
the constitutionality of the act being challenged. 

Note 4: It is necessary to grant specifically to the 
local authorities the right to prescribe certain penal- 
ties and remedies for the enforcement of the supple- 
mentary ordinances, otherwise these ordinances may 
not be effective. A board of aldermen has not ipso 
facto the right to provide for injunction proceedings, 
proceedings in rem, and so forth. Unless otherwise 
provided by statute, a violation of a corporation or- 
dinance is liable to be a "violation of an ordinance" 
and no more, punishable only by a small fine. 

Note 5 : The most important part of this section, 
in fact of the whole act, is found in this sentence, 
which seeks to prevent the misuse of discretionary 
power. There is little use in working out with 
minute care the standards to be observed to secure 
adequate light and ventilation, proper sanitation or 
safety in case of fire, if some local official has the 
power at any time to set aside or modify at his pleas- 
ure these essential requirements. In many cities 
boards of appeal exist in connection with the depart- 
ment of buildings, who exercise the power to modify 
and set aside the law in particular cases. Under the 
terms of this section no one, neither board nor official, 
will have such power so far as this law is concerned. 

64 



§§8,9 GENERAL PROVISIONS 

This is as it should be. Under no other method can 
we have proper law enforcement. Every citizen 
has a right to know that he is being treated on the 
same basis as everyone else and that no one can re- 
ceive special privileges, and especially to know clearly 
what the law is and what can be done and what can- 
not be done.* If the law is wrong the thing to do is 
to amend it, whether it be a statute or an ordinance; 
not give to some administrative offker the power 
to set the law aside. Such a scheme undermines the 
basic principles upon which the government of this 
country rests. It will not do in this instance any 
more than it will in others to confuse the legislative, 
judicial and administrative functions. The laws 
should be made by the legislature, not by the inspec- 
tor of buildings. 

Note 6: It should be noted that the power given 
to the local authorities is to impose higher or stricter 
standards, and that they are expressly prohibited 
from lowering the standards embodied in the act. 
If such an attempt is made, as it is likely to be, such 
an ordinance in the face of this provision would be 
null and void. 

§'8. Dwelling Construction. Except as herein other- 
wise specified, every dwelling shall be constructed and 
maintained in conformity with the existing laws and 
ordinances. 

Note: This provision is necessary, otherwise it may Explana- 
be claimed by shrewd attorneys that the passage of ^jq^ 
this act has repealed all existing laws and ordinances 
having to do with dwellings, such as a local building 
code, for example. All that is desired is to have this 
statute supersede any laws that may be in conflict 
with it. iVlost of the provisions of a local building 
code having to do with strength and quality of mate- 
rials should, of course, be retained. 

§9. Sewer Connections and Water Supply. ^ The 
provisions of this act with reference to sewer connections 
and water suppl\' shall be deemed to apply only where con- 

* For discussion of the abuse of discretionary power, see Housing 
Reform, pp. 90-94. 

5 65 



A MODEL HOUSING LAW § 9 

nection with a public sewer or with city water mains is or 
becomes reasonably accessible, and such connection shall 
be deemed to be reasonably accessible when such public 
sewer or city water mains are within a distance of one hun- 
dred feet of any outside line of the lot upon which the 
dwelling may be situated. Wherever there is no public 
sewer reasonably accessible, but there is city water,^ the 
required plumbing for the dwelling shall be connected to a 
cesspool, septic tank or other means of sewage disposal 
approved by the board of health, provided that the nature 
of the soil is such in the opinion of the board of health that 
such device can properly take care of the sewage from said 
plumbing system. Where it is found by the said board of 
health to be impracticable, owing to the nature of the soil 
adjacent to said dwelling to construct such a device, a 
water-proof and fly-proof privy vault or other approved 
sanitary privy or similar device may be used temporarily^ 
for such dwelling until such time as a public sewer is pro- 
vided reasonably accessible to such dwelling. Whenever 
a public sewer is so provided the owner of the dwelling 
shall at once connect the plumbing system of the dwelling 
with such sewer. 

Exnlana- Note i : It is, of course, impracticable to require 

|.Jq^ running water where there is no city water, or to 

require the installation of water-closets where there 
is no public water supply. There are, however, cases 
where, while there is no sewer in the street in front of 
the house, it is possible to connect to a public sewer 
not far distant by means of a private sewer. 

Note 2: It sometimes happens that there is a city 
water supply before a system of public sewers is in- 
stalled. Under such circumstances there is no reason 
why the people should not have water-closets and bath 
tubs. With a proper system of cesspools or septic 
tanks as temporary expedients until public sewers are 
installed, the dangerous and malodorous privy vault 
need not be tolerated, thus doing away with the dan- 
ger of fly-borne disease. 

Note 3: At the time a house is built there may be 
no sewer adjacent to which connection can be made 
66 



i§ 10, II GENERAL PROVISIONS 

and therefore a privy must be tolerated. A year later 
a sewer is extended to that neighborhood. The 
health officer should be free under these circumstances 
to order the privy removed, modern conveniences in- 
stalled, and the house connected to the street sewer. 
Note 4: The importance of this section is to be ob- 
served in connection with Sections 46, 47, 48, 49, 93, 
98, 99, 100 and 124. 



§ 10. State Board of Health. The state board of 
health shall have power to examine into the enforcement 
of this act in each city. Whenever required by the gov- 
ernor it shall make such an examination and shall report 
the results thereof to the governor within the time pre- 
scribed by him. 

Note : This is a wholesome check on local boards of Explana- 
health and may prove to be useful where it is difficult tion 
to secure proper law enforcement. It is a power to 
hold in reserve and use only as a last resort. 

§ II. Time for Compliance. All improvements spe- 
cifically required by Article V of this act upon dwellings 
erected prior to the date of its passage shall be made with- 
in ONE YEAR^ from said date, or at such earlier- period 
as may be fixed by the health officer. 

Note i : It is but reasonable to allow a year's time Explana- 
to owners of the older houses to make those improve- tion 
ments in their buildings which are required as a mat- 
ter of compulsion by the act (Article V), as some of 
these involve considerable expense. 

Note 2: It should be noted that the health officials 
are given power, however, to deal with exceptional 
cases immediately and to require the improvements 
in such cases at an earlier time. Thus in the case of a 
leaky and defective privy vault which required im- 
mediate attention, it would be possible to demand 
the prompt removal of the vault and the substitution 
of modern sanitary conveniences, instead of patching 
up the vault and then a year later removing it. 

67 



A MODEL HOUSING LAW § 12 

§ 12. Application. All the provisions of this act shall 
apply to all classes of dwellings, except that in sections 
where specific reference is made to one or more specific 
classes of dwellings such provisions shall apply only to 
those specific classes to which such reference is made. All 
provisions which relate to dwellings shall apply to all 
classes of dwellings. 



68 



ARTICLE II 
DWELLINGS HEREAFTER ERECTED^ 

In this article will be found the provisions which must 
be observed when a person proposes to build a new dwell- 
ing or to convert or alter to such purposes a building which 
is not a dwelling.^ 

Note i : The descriptive note which follows the Explana- 
caption of each Article is explanatory, and has little tion 
legal significance. It is, however, very useful to the 
la\man who has to use the law and if it has to be 
omitted in the statute because of local legislative 
rules it should be included in the edition of the law 
subsequently printed by the city authorities for the 
use of the public. 

Note 2: While each Article accurately states the 
extent of its application, namely, whether it applies 
soIeI\' to New Dwellings, to the Alteration of Dwellings, 
to Maintenance, or to the Improvement of Existing 
Dwellings, it is not safe to rely on these captions, 
owing to changes that may take place in the structure 
of the act through subsequent amendments. The 
onI\- safe course is to have each section stand on its 
own bottom. Therefore, in every section which re- 
lates to new dwellings, the phrase "dwelling hereafter 
erected" is alwa\s repeated in each case; similar 
procedure is followed in the other Articles of the act. 

Note 3: Following the custom in many states, 
gaps are purposely left in the numbering of the sec- 
tions so as to provide for new sections which later it 
may be found necessary to enact, thus preserving 
the continuity of the numbering. Under this system 
Article I ends with Section 12,. and Article II begins 
with Section 20. Article 1 1 ends with Section 62, and 
Article 1 1 1 begins with Section 70, and so on. 



60 



§ 20 LIGHT AND VENTILATION 



Title 1 

LIGHT AND VENTILATION* 

§20. Percentage OF Lot Occupied. 1' 2. 3 No dwelling 
hereafter erected shall occupy, either alone or with other 
buildings, a greater percentage of the area of the lot than 
as follows: 

(a) In the case of corner-* lots with streets on three 
sides, not counting an alley as a street, not more than 
N IN ETY8 per centum; 

(b) In the case of other corner lots, not more than 
EIGHTY-FIVES per centum; 

(c) In the case of interior lots which do not exceed sixty 
feet in depth, not more than SEVENTY^ per centum; 

(d) In the case of interior lots which exceed sixty feet 
in depth and do not exceed one hundred and five feet in 
depth, not more than SIXTY-FIVE^ per centum; 

(e) In the case of interior lots which exceed one hundred 
and five feet in depth^ and do not exceed one hundred and 
fifty-five feet in depth, not more than FIFTY-FIVE^ per 
centum; 

(f) In the case of interior lots which exceed one hun- 
dred and fifty-five feet in depth and do not exceed two 
hundred and five feet in depth, not more than FIFTY^ 
per centum; 

(g) In the case of interior lots which exceed two hun- 
dred and five feet in depth, not more than FORTY^ per 
centum. 

The measurements shall be taken at the ground level. ^ 
No measurements of lot area shall include any portion 
of any street or alley.^ Any portion of a corner lot distant 
more than SEVENTY feet from the corner line, measured 

* The standards set forth in this title for light should be materially 
increased in cities where smoke nuisance exists. 

71 



A MODEL HOUSING LAW § 20 

along the front line of the lot, shall be treated as an interior 
lot.6 
Explana- Note i : Although the public has become accus- 

tion tomed to thinking in terms of percentage of lot oc- 

cupied, the limitation of lot area is of little practical 
value as a means of insuring adequate light and ven- 
tilation to all parts of a building. Many tenement 
houses have been erected in the past which have oc- 
cupied but 50 per cent of the lot, but half the rooms 
in them have been totally dark and without ventila- 
tion, being either windowless rooms or opening on so 
small an air shaft as to secure neither light nor air. 
On the other hand, tenements covering 70 per cent 
of the lot have been erected and have had all their 
rooms well lighted and ventilated. The only way 
to secure adequate light and ventilation is to require 
every room, hall, bathroom, water-closet or other 
important part of the building to have windows of a 
certain size opening directly on an open space of suf- 
ficient size; either the street, the yard or a court. 
When this has been properly done, everything has 
been done that is necessary to insure adequate light 
and ventilation. No limitation on the amount of 
lot that may be occupied will do more. 

Note 2: How httle bearing the limitation of per- 
centage of lot occupied has on the question of ade- 
quate light and ventilation is at once seen when one 
reflects that the percentage requirements in all such 
laws stay fixed at a definite amount and do not in- 
crease with the increased height of the building; thus, 
the percentage of lot that may be lawfully occupied 
in the case of a ten-story building is the same as laid 
down for a two-story building! 

Note 3: Why then have any limitation on the 
amount of lot that may legally be occupied? it may 
be asked. There is one strong reason remaining for 
the retention of it. It is an effective means of pre- 
venting congestion or land overcrowding. In the 
case of deep lots it is the only thing which prevents 
the building of houses way back on the lot. The 
deeper the building the more rooms there will be in it, 
and in the case of multiple dwellings the more people 
there will be living on that amount of land. The way 
to prevent too many people living on a given amount 
of land, therefore, is to make difficult the building of 



§ 20 LIGHT AND VENTILATION 

deep houses and tall buildings. 'I'hese are the two 
factors. 

Note 4: The plan followed here is to retain the 
percentage limitation solelx' for its value in prevent- 
ing land overcrowding. This section therefore dis- 
tinguishes in the first place between corner lots and 
interior lots, where the conditions are of course rad- 
icall)' different, corner lots having light and air from 
the street on several sides of the lot. it then differ- 
entiates between the two kinds of corner lots, those 
with streets on two sides, and those with streets on 
three sides, imposing less restriction in the latter case 
than in the former. In the case of interior lots, the 
short lot is given more liberal treatment than the deep 
lot, and where lots exceed respectively 100 feet, 150 
feet, and 200 feet in depth (105 feet is made the stand- 
ard to be on the safe side and not cause hardship where 
lots are a few inches over 100 feet) to impose stricter 
conditions and prevent building to the extreme rear 
part of the lot. 

Note 5: Streets and alleys are not part of the lot 
and should not be included in figuring percentage 
that may be occupied. 

Note 6: Where does a corner lot end and an in- 
terior lot begin? is a question that has sometimes 
given trouble. This is of importance only in con- 
nection with this section and with §§22 and 23, relative 
to \'ards. As corner lots have greater privileges in 
these two respects than interior lots, unless some 
limit on their extent is imposed they might stretch 
almost indefinitely from one street to the next street, 
a distance sometimes of 400 feet, in order to secure 
the benefits to be obtained. The effect of thi^ would 
be to defeat the purposes of the stricter requirements 
as to interior lots. To prevent this the arbitrary 
standard of 70 feet from the corner is imposed ; be\'ond 
this point the rest of the lot is to be treated as an in- 
terior lot, both as to depth of )'ard and percentage 
that may be occupied. This is more liberal treatment 
than is usuall)' accorded, as many cities require this 
at 25 feet from the corner, but it is wise liberality. 
The following diagram (Figure 12) illustrates the 
point involved. 

The sketch shows a block front from street to street 
with a corner lot, 100 feet front and 100 feet deep. 



A MODEL HOUSING LAW 



§20 



At the point A, 70 feet from the corner, the remainder 
of the lot becomes an interior lot. From that point on 
the yard has to be 25 feet deep instead of but 1 5 feet, 
and but 65 per cent of the lot can be occupied in that 
portion (the shaded portion) instead of 85 per cent. 
The importance of this requirement is at once seen. 




Note 7: The desirable condition is to have all open 
spaces — yards and courts — remain unbuilt upon all 
the way down to the ground. It is therefore provided 
that the measurements shall be taken at the ground 
level. But it is not always practicable to carry this 
point. In the case of hotels and apartment houses, 
especially the former, it is usually desired to utilize 
more space on the ground floor, and sometimes on the 
two or three lower floors, for public rooms — dining 
rooms, lobbies, lounging rooms, writing rooms, re- 
ception rooms, ball rooms, assembly rooms, etc. In 
such cases it is necessary to permit courts and yards 
and other open spaces to start at the top of the en- 
trance story and sometimes two or three stories up. 
Little harm is done by this, provided all living rooms 
open on the proper open spaces, especially as the pub- 
lic rooms above mentioned will invariably in such 
buildings be ventilated by some system of forced ven- 
tilation and be lighted by electric light. 

In a similar way in business districts it will be de- 
sired to have shops or stores on the ground floor of 
many flats and tenement houses. In such cases it is 
necessary to cover over much more of the land on the 

74 



§21 LIGHT AND VENTILATION 

ground floor, and in order- to get a store of sufficient 
depth, the court, or part of it, will have to be occupied 
on the entrance story. Especially on corner lots 
where every foot of street frontage has a high value 
will the privilege of covering over the yard at the first 
story be desired. To meet these viewpoints, the fol- 
lowing concessions can be made. Change the sen- 
tence " The measurements shall be taken at the ground 
level" to read as follows: 

Concession i: "The measurements shall be taken at Concession 

the ground level, except that in the case of hotels as defined 
in paragraph four of section two of this act, the measure- 
ments may be taken at the floor level of the lowest bed- 
room story; and in the case of other multiple-dwellings 
where there are stores or shops on the entrance story, the 
measurements may be taken at the top of such entrance 
story." 

Note 8: This whole section, in view of the con- Explana- 
siderations expressed in Notes i, 2 and 3 is an excel- ^[q^ 
lent one to make concessions on, especially as the in- 
terests affected will think in terms of percentage of 
lot occupied and will rate the law as drastic or not 
drastic largely on this section. If concessions need 
to be made, the following may be made with safety. 
Make the following changes in the featured stand- 
ards of this section: 



Concession 2: (a) Change NINETY 


to 95 Concession 


(b) Change EIGHTY-FIVE 


to 90 


(c) Change SEVENTY 


to 75 


(d) Change SIXTY-FIVE 


to 70 


(e) Change FIFTY-FIVE 


to 60 


(f) Change FIFTY 


to 55 


(g) Change FORTY 


to 45 


§21. Height.! No dwelling hereafter erected shall ex- 



ceed in height the width of the widest street upon which 
it abuts nor in any case shall it exceed EIGHTY feet^ in 
height. Such width of street shall be measured from 
front lot line to opposite front lot line.'' The provisions 

75 



A MODEL HOUSING LAW § 21 

of this section shall not apply to hotels-* as defined in para- 
graph four*of section two. 

. Note i : There is no city excepting New York in 

li/xplana- which this limit of height will prove a hardship so far 

"^^ as dwellings are concerned, with the exception pos- 

sibly of hotels. This is the best way to limit the 
height of buildings. We are on safe ground here and 
such regulation will unquestionably be sustained by 
the courts, whereas a flat limit of so many feet might 
not be sustained. Limiting the height of buildings 
to the size of the open space on which they abut, in 
accordance with a scientific principle, is unquestion- 
ably a reasonable exercise of the police power. It can 
be demonstrated by inspection of existing buildings 
of any city that this represents the minimum stand- 
ard which will insure sufficient light and ventilation 
to the building itself and to neighboring buildings. 

Note 2: The flat limitation of 80 feet, irrespective 
of the width of .the street, is important so as to safe- 
guard conditions in cases where there are very broad 
streets, avenues, or boulevards from 1 50 to 200 feet 
wide. It is neither necessary nor desirable to permit 
dwellings to be built as high as this in any city. The 
standard of 80 feet which is fixed, is fixed to suit 
conditions where land values are at their highest. A 
more stringent requirement making the minimum 
height 60 feet would be nearer the ideal. 

Note 3: It is necessary to specify that the width 
of the street shall be measured from front lot line to 
front lot line. In cities where there is no "official" 
building line, the first thing to do is to get a building 
line established. 

Note 4: It is a nice question whether in the case of 
the high-class modern hotel provided with the com- 
forts and luxuries which people nowadays demand, 
high buildings are not inherently a necessity. Such 
buildings cannot pay unless a sufficient number of 
guests are accommodated. To accommodate these 
the building must go up into the air; otherwise it 
would have to extend over so much ground as to be 
prohibitive in some cities because of the cost of the 
land, and in all cases it would make too great a dis- 
tance for guests to travel horizontally inside the build- 
ing in order to get to the dining rooms and other pub- 

76 



§21 LIGHT AND VENTILATION 

lie rooms. For these reasons, hotels as defined in this 
act should be exempted from this provision and the 
limitations on their height left to be dealt with in a 
general Zoning Act applicable to all buildings. 

Note 5: In many cities the practice prevails of 
voluntarily setting back the house a considerable dis- 
tance from the front lot line in order to secure a large 
front yard with lawn and driveway. Some archi- 
tects believe that allowance should be made for such 
set-backs and that these should be added to the width 
of the street in calculating the limit of height. This 
is not, however, desirable nor is it necessary. There 
are practicall\' no cities in the United States, outside 
of some of the large Eastern cities like New York and 
Boston, where the restriction as to limit of height 
proportionate to the width of the street as embodied 
in this section will present any difficulties. 

The reason why set-backs of this kind should not be 
allowed to count as effective street width is because 
there is no way of insuring their continuity. One man 
may set his house back 25 feet, but the man next door 
to him may build his house right out to the property 
line. Under such conditions there is not a continuous 
open space of the proper size to insure adequate sun- 
light. Where streets are very narrow as in some parts 
of Boston for example, it may be necessary to build 
buildings higher than the width of the street by secur- 
ing as a " near-equivalent" for the proper width, addi- 
tional open space by setting back the front of the 
building. If it is desired to permit this, add at the 
end, just before "The provisions of this section shall 
not apply to hotels as defined in paragraph four of 
section two,'' the following: 

Concession: "Where a street is less than thirty feet Concession 
in width, the width may be counted as twice the distance 
from the front wall of the proposed dwelling to the centre 
of the street." 

Note 6: In some cities where the intensive use of 
land is increasing, effort has been made to exempt 
from the provisions of this section apartment houses 
of a modern t\pe, a few architects and investors wish- 
ing to build in these cities sk\-scraper apartment 
houses similar to those of New York. In some cases 

77 



A MODEL HOUSING LAW §21 

Strong pressure will be exerted to exempt such build- 
ings from the provisions of this section. It will be 
urged, for example, that the question of height limi- 
tation should be left to Zoning laws and it may be 
suggested that an amendment be offered to this sec- 
tion to the effect that this limitation shall apply 
"except where otherwise regulated by a Zoning law/' 
While this suggestion has much plausibility and while 
for many reasons it 'is proper to determine height 
limitation by a Zoning law, the fact remains that 
there is an absolute maximum limit of height to which 
apartment houses may be built and a housing law is 
the proper place for the setting of such limits. There 
is practically no city in the United States other than 
New York City where it is either desirable or neces- 
sary to permit the building of apartment houses of 
the sky-scraper type, namely 150 feet high, such as 
have been built in New York (but built even in that 
city of high land values and congestion only to a very 
limited extent). It will be argued by architects and 
others seeking such privileges that if hotels in which 
many people sleep are permitted to go to a height of 
1 50 feet, it is equally appropriate to permit apartment 
houses to go to that height; and it will be further 
pointed out that many apartment houses are really 
hotels, especially in cases where apartment hotels are 
contemplated and that it seems unreasonable and 
unfair to permit a hotel where people have only one 
or two rooms to go to a height of 150 feet and to for- 
bid it where people have a suite of six or seven rooms. 
These are plausible arguments but are not sound. In 
the first place, it is against public policy and against 
the interest of a given community to encourage build- 
ings of excessive height. The experience of New York 
and other cities has proved this for all time. (See 
Report of Heights of Buildings Commission of the 
City of New York, 19 13.) 

In addition to the general undesirability of encour- 
aging the sky-scraper apartment house there are 
definite affirmative reasons which make such build- 
ings absolutely impossible in cities other than New 
York. The chief reason is the fire hazard. Irrespec- 
tive- of the provision that may be made for ample 
open spaces, and the relation of the height of such 
buildings to the width of street on which it is located, 

78 



21 LIGHT AND VENTILATION 

the fire hazard alone is sufficient to warrant the pro- 
hibition of such buildings and it is this reason which 
clearly differentiates a building of this kind from a 
hotel. In a skv-scraper apartment house there are 
many apartments each one of which is occupied with 
an individual family with servants and with individual 
kitchens. If there are 30 families in a building, and 
there may easih 'be more, there are 50 individual 
sources of fire. In a hotel there is one common kitchen 
under close supervision. Moreover, in apartment 
houses there are generall\' children and it is a 
well accepted fact that man\' fires start from children 
pla\ing with matches. This is an additional risk. 
In addition, a modern hotel is under very close super- 
vision at all hours of the day and night, and night 
watchmen are making their rounds in most hotels on 
the lookout for an\' possible source of fire or other 
danger. No such service is known in connection with 
an apartment house. A further and clinching argu- 
ment against permitting apartment houses to be built 
to so great a height, lies in the inability of the fire 
departments of practically every city in America, 
excepting New York, to fight a fire in a building of 
such height. "The fire department cannot fight a 
fire from the outside more than 85 to 100 feet above 
the ground. Above that the\' must rely on the stand- 
pipes in the building. If the stand-pipe does not 
work or if the fire is so near the stand-pipe as to ren- 
der its use impossible, the fire department becomes 
helpless" (see Report of Heights of Buildings Commis- 
sion of the City of New York, 1913). In New York 
City apartment houses are allowed to go to a height 
of 150 feet on certain streets and in certain sections 
of the city because of the fact that there exists in 
that cit\' what is known as a high pressure fire ser- 
vice. This service consists of specially' installed water 
mains connected with pumping stations strategicall\' 
located in different parts of the city and in which 
high pressure pumps are operating so that a stream 
of water can be sent to a ver>' great height, as much 
as 300 feet or even more. There are no other cities 
in the United States where such service exists and for 
this reason alone if for no other, apartment houses 
should not be permitted to be built to a height greater 
than 100 feet in an>- city other than New York. The 

79 



A MODEL HOUSING LAW §21 

report of the Heights of Buildings Commission of 
the City of New York previously referred to has this 
to say on the subject of high buildings: 

"The fact remains, however, that tall buildings are 
not necessarily safe. The rooms are often filled with 
highly inflammable material. Unless doors are closed, 
fire may easily spread to other rooms. The draft up 
the chimney-like elevator wells may pull the flames 
across the corridor and the flames, fed by the grease 
on the elevator guides, may be carried to the upper 
floors." 

Note 7: One of the cogent reasons for general 
limitation of the height of buildings in any city is 
the effect such buildings have on neighboring prop- 
erty. Too little attention has been given to this 
phase of the subject heretofore in this country. Eng- 
land with its law of "Ancient Lights" by which no 
building is permitted to be erected that obstructs the 
light of another building deals with it most effectively. 
That is why the sky-scraper is almost unknown in 
that country. 

Recent studies of the shadows cast by sky-scrapers 
made by Herbert S. Swan and George W. Tuttle* are 
most illuminating on this point. 

"The street plan and the building. plan have been 
so poorly coordinated in Manhattan, for instance, 
that it is safe to say that a preponderating majority 
of the rooms in the existing shops, factories, offices 
and apartments of the borough receive no direct sun- 
shine on the shortest day in the year. 

"This is no less true of the residential sections than 
of the business sections. But the situation in the 
downtown financial district illustrates this condition 
most dramatically. There the shadows of different 
sky-scrapers, at noon on December 21, envelop large 
areas. The Adams Express Building, which is 424 
feet high, casts a shadow 875 feet in length; the 
Equitable Building, which is 493 feet high, one 1,018 
feet in length; the Singer Towei", which is 546 feet 
high, one 1,127 feet in length; and the Woolworth 
Tower, which is 791 feet high, one 1,635 feet in length. 

"The effect of sky-scrapers casting shadows from a 
sixth to a third of a mile in length on surrounding 
property is well illustrated in the case of the Equi- 

* Planning Sunlight Cities — American City Pamphlets No. 167. 
80 



21 LIGHT AND VENTILATION 

table Building. Its shadow, which at noon on the 
shortest day in the year is about one-fifth of a mile 
in length, completel\' envelops an area of 7.59 acres. 
The ground area of the Equitable Building is only 
1.14 acres. 

"The shadow cuts off all sunshine from the Broad- 
way facpade of the United States Realty Building, 
which is twenty-one stories high. The New York 
Title & Mortgage Company Building, fourteen stories 
high, and the Washington Life Insurance Building, 
nineteen stories high, are both completely shaded. 
The south side of the Singer Tower is shaded to a 
height of twenty-seven stories. The nearest part 
of the Cit\' Investing Building, 400 feet away, is in 
shadow for twenty-four of its twenty-six stories. 
Even part of the New York Telephone Building north 
of Cortlandt Street is shadowed by the Equitable 
Building. For almost a fifth of a mile this giant sky- 
scraper casts its shadow. 

"Cedar Street, the street immediately north of the 
Equitable Building, has an average width of 34 feet 
between Broadway and Nassau Street. The height 
of the Equitable Building is 14^^ times the width of 
this street. On a north-and-south street of this width 
in New York, uniformly improved on both sides with 
buildings having a height equal to that of the Equi- 
table Building, only 9.31 percent of the windows would 
receive any direct sunshine at noon on the shortest 
day in the year. On such streets only the windows 
nearest the top for a distance equal to 1.35 times the 
width of the street would receive direct sunshine at 
noon on December 21 at New York (taking 40° north 
as the latitude), assuming the windows to be set in 
walls 14 inches thick. The windows in the thirty- 
four stories nearest the ground would receive abso- 
lutel}' no direct sunlight. Direct sunshine would only 
enter those windows in the four stories nearest the 
top. Not a single window within 447 feet of the 
street level would receive a ray of direct sunshine!" 



"In the winter season no sunlight can, of course, 
be obtained on the south side of an east-and-west 
street. No adjustment in the height of buildings or 
in the street width can sunlight rooms having a north- 
erly exposure. The remedy in such a case would be 

6 81 



A MODEL HOUSING LAW § 22 

to require the rooms to have windows exposed toward 
one of the other three points of the compass. This 
can readily be done in detached houses, but it is very 
difficult in attached houses. This condition suggests 
the advisability of reserving east-and-west streets for 
detached houses. North-and-south streets, on the 
other hand, may be developed with either attached or 
detached houses.'' 

"The volume of sunshine received in rooms is of 
just as much importance as the sunshine period. A 
room, for instance, may enjoy direct sunshine for a 
considerable period and yet have a comparatively 
small portion of its cubic contents acted upon by 

direct rays from the sun.'' 

. . . . "Thus a window the top of which is situ- 
ated near the ceiling permits a deeper penetration of 
the sun rays into a room than one the top of which is 
placed some distance below the ceiling. The sunshine 
volume in rooms with windows opening to either the 
east or the west may be considerably increased by 
having the windows located as near as possible to the 
south wall of the room. Windows opening to the 
south should be placed as near the middle of the front 
wall of the room as practicable." .... 

. . . "Uniform building lines are highly desir- 
able both in front and in rear. They not only con- 
serve the supply of sunlight, but they also economize 
■space. Buildings 'pocketed' at either end between 
deeper buildings receive much less sunlight than those 
conforming to a common building line, unless they are 
equipped with a side yard of sufificient width on the 
south to insure their own sunlight. The provision of 
such a side yard is usually so expensive a proceeding 
that it can be afforded only in private home dis- 
tricts." . . . 

. . . "Inner courts should not be used at 
all." .... 

§22. Front and Rear Yards. ^ A front yard may be 
any depth. ^ Immediately behind every dwelling hereafter 
erected there shall be a rear yard extending across the 
entire width of the lot.-"^ Such yard shall be at every point 
open and unobstructed from the ground to the sky,^ and 
shall be of the depths prescribed in the next section. Every 

82 



§22 LIGHT AND VENTILATION 

part of such yard shall be directly accessible from every 
other part thereof.-^ The depth of said }'ard shall be meas- 
ured at right angles from the extreme rear part of the 
dwelling*^ 

(a) to the middle line of the alley, ^ where a public alley 
immediately abuts the lot and extends across its entire 
width; 

(b) to the rear lot line where there is no such alley; 

(c) to the nearest wall of the building where there is 
another building at the rear as permitted in section twenty- 
nine. 

In the case of corner lots abutting on three streets, not 
counting the alley as a street, the rear yard need not 
extend across the full width of the lot, but only to its 
median line.^ Any portion of a corner lot distant more 
than seventy feet from the corner line, measured along 
the front line of the lot, shall be treated as an interior 
lot.^ The provisions of this section shall not apply to 
hotels as defmed in paragraph four of section two.^^ 

Note i : No subject in the entire law is of more im- ExDlana- 
portance than provision for a proper open space at ^^^^ 
the rear of the dwelling. This assumes especial im- 
portance in view of what has been said as to the lack 
of value of regulating open spaces through limiting 
the percentage of lot occupied, discussed under Sec- 
tion 20. To be logical we should require as large an 
open space in the rear of the dwelling as there is in 
front; in other words, if it is necessary to make the 
street 60 feet wide where the buildings on each side 
of it are to be not over three stories in height, it is ob- 
vious that it is necessary to leave a similar space be- 
tween dwellings at the rear; that is, that there should 
be 60 feet from the rear of one building to the rear of 
another building on the next parallel street. In fact 
a space of greater depth should really be required at 
the rear because one cannot always be sure of this 
space being a continuous open space, thus insuring 
proper circulation of air and proper lighting of the 
rear portions of the individual building. This is al- 
ways insured at the front as the streets are continuous 
airways extending often for many miles. The mini- 

83 



A MODEL HOUSING LAW 



22 § 



mum requirements established in this section are 
based upon the assumption that there will be in most 
cases a neighborhood development, and that if one 
man leaves a rear yard of 30 feet behind his dwelling, 
in all probability his neighbor owning the lot abutting 
at the rear will leave a similar open space of 30 feet, 
making 60 feet between buildings. The largest open 
space possible that can be left at the rear is desir- 
able and the standards established in this section 
are the minimum. It would be desirable to have 
even deeper yards if it were always commercially 
practicable. In this connection it should be noted 



L 




Street 



n 



r 



Figure 13 



that with land values as they are at present in resi- 
dence districts there are few cities in which it is com- 
mercially necessary in order to get a fair return on 
the investment, to make the rear yards less than the 
minimum depths herein established. This does not 
mean that interested parties will not wish to make the 
depths less. They will. But they should not be per- 
mitted to, and investigation will develop in practically 
every case that the minimum depths established in 
this section are less than the depths that have actu- 
ally been voluntarily left by the majority of owners in 
recent building operations in each city. 

Note 2: It is, of course, not necessary to require a 
front yard, as the rooms on the front of the house will 
get adequate light and air from the street. Desirable 

84 



§22 LIGHT AND VENTILATION 

as front yards or "set-backs" are from the point of 
view of adding to the attractiveness of a dvvelhng's 
appearance, they cannot be compelled by law. It 
obviousl\' therefore would be unreasonable to attempt 
to limit the size of this open space left voluntaril)- by 
the owner and neither required by law, nor needed 
for light or ventilation. 

Note 3: The requirement that the rear yard shall 
extend across the entire width of the lot is of impor- 
tance. Without such a requirement attempts would 
be made to leave inadequate yards, as illustrated 
in Figures i to 4.* 

Note 4: It is of great importance to require that 
the yard shall be unobstructed from the ground to the 
sky. Otherwise it would be possible to have fire- 
escape balconies and outside porches encroaching con- 
siderably on the open space which is so necessary to 
furnish light and air to the rear parts of the building. 
It is obvious that it is of little use to require a i 5-foot 
yard for the purpose of light and ventilation and then 
allow it to be completely occupied by an outside porch 
or balcony, as is frequently the case in many cities. 
This provision is also to be read in connection with 
Sub-division 16 of Section 2. 

In certain cases some objection will be made to 
the requirement that the yard shall extend from 
the ground to the sky. Permission will be desired 
to cover over either a portion of the yard or all of it 
on the ground floor. This will be especially sought 
after in the case of corner lots because of the value 
of street frontage, especially in districts where it 
is advantageous to use the ground floor for stores 
or shops. Similarly it will be desired to build over 
a portion of the yard on interior lots where it is 
wished to get a very deep store. A third case is the 
case of hotels, where the owners will want to build 
over the yard not only on the ground floor but also 
possibl}' to the height of two or three stories so as to 
secure the space necessary for public rooms such as 
dining rooms, ball rooms, music rooms, and for simi- 
lar purposes. All of these points of view will have 
to be considered. 

The considerations involved are quite different in 
the three different classes of cases. Taking up the 

*See pp. 38, 39 and 40. 

85 



A MODEL HOUSING LAW 



§22 



Concessian 



Explana- 
tion 



first, namely, covering over the yard on the ground 
floor in the case of corner lots: It is very desirable 
to have the yard extend to the ground where it is 
practicable, but where this is a matter that is much 
desired by the interests affected it is a point where a 
concession can wisely be made because of the reason- 
ableness of the claim. There is no question as to the 
desirability of having the yard extend all the way 
-down to the ground. That should be the practice 
in every case. On the other hand, there is from the 
point of view of the owner a hardship in not being 
allowed to utilize his property so as to get the full 
value out of the most valuable part of it; namely, 
the street frontage. If it is decided to recognize this 
situation and to make this concession the following 
modification could be adopted. After the words 
"in the next section," strike out the period, insert a 
comma, and add the following: 

Concession: "except that in the case of corner lots 
the rear yard may start at the top of the entrance story." 

The second class of cases where it is desired to 
cover over the yard on the ground floor on an in- 
terior lot, in order to secure a very deep store, is 
not at all in the same category. Such a concession 
should not be granted. It should be remembered 
that these provisions occur only in connection with 
dwellings, not with commercial buildings where the 
conditions of course are very different, and the only 
occasion where this becomes a practical question is 
where it is desired to have a store on the ground floor 
of an apartment house, or two-family house, or other 
kind of dwelling. So long as it is permitted to cover 
over the courts on the ground floor or part of them, it 
will be possible to get a store of sufficient depth with- 
out encroaching upon the yard space. 

The third class of cases, namely, that of hotels, 
presents the most important considerations of all. 
It has been pointed out elsewhere in this book that 
it is necessary to build modern hotels to a con- 
siderable height and it will be seen from the table 
of Yard Depths in the next section that because of 
the requirement that the yard shall increase 5 per 
centum for each additional story above three stories, 
that where it is desired to erect a ten-story hotel a 
86 



t 



§22 LIGHT AND VENTILATION 

yard of 60 feet, in the case of an interior lot, would be 
required, and in the case of a corner lot a yard of 50 
feet. This would be prohibitive in most cities. No 
modern hotel should be erected on an interior lot. 
Practicall)' all such buildings are erected on corner lots, 
with streets on three sides. So that the only thing to 
be considered is the relation of the provisions with ref- 
erence to corner lots of this kind in its bearing upon 
hotels. For these reasons it is quite appropriate to 
exempt modern hotel buildings from the requirement 
for rear yards. 

Note 5: The requirement that every part of the 
yard shall be directly accessible from every other part 
is made necessary where the rear lot line is of an ir- 
regular shape and where the lot has more than one 
depth, as sometimes happens, as shown in Figure 2.* 

Note 6: It is necessary to measure the minimum 
depth of the rear yard from the "extreme rear part of 
the dwelling/' otherwise claims would be advanced to 
be allowed to measure from the rear wall of the main 
building and not from various extensions, thus en- 
croaching seriously on the minimum yard space. For 
further discussion on this point see Section 2, Para- 
graph 7, Note 2, pages 38-40, especially Figures 3 
and 4. 

Note 7: Some of the earlier housing laws were 
formulated with reference to conditions in Eastern 
cities where as a rule alleys do not exist. Irrespective 
of the undesirability of alleys, it is obvious that if 
there is a continuous airw^ay extending through the 
centre of the block admitting light and air perma- 
nently (the alley must be a public one, otherwise it 
may some day be closed up) allowance must be made 
for such an open space in determining the minimum 
sizes of rear yards. It is reasonable in such cases to 
allow the measurements to be taken to the centre 
line of the alley. 

As the primary purpose of requiring a rear yard is 
to insure an open space of adequate size at the rear 
of the dwelling for purposes of light and air, it is 
equally obvious that where there is no public alley, 
the measurements should be taken to the rear lot 
line; and where there is a garage or similar building 
on the rear of the lot to the front of such building, 

* See p. 39. 

87 



A MODEL HOUSING LAW 



22 



leaving the minimum of open space between the two 
buildings. 

Note 8: Where a dwelling is erected on a corner lot 
bounded by streets on three sides it would cause un- 
due sacrifice of especially valuable property, namely, 
that with a street frontage, to require in such cases 
the rear yard to extend across the entire width of the 
lot. All proper purposes will be satisfied if under such 
circumstances the yard extends to the median line. 
It will thus afford an ample intake of air to insure 
circulation of air throughout the rest of the block. 
The following diagram illustrates this point. ADCA 



in 

111 

CO 




c>TR£E7 



A r 



Figure 14 



is a corner lot bounded by three streets. The rear 
yard instead of extending all the way across the lot 
from A to A is allowed to stop at B, the point of 
intersection with the median line of the lot. It thus 
furnishes a means of renewing the air in the back 
yards of the lots R, S, T, U, etc., and the owner does 
not have to sacrifice valuable street frontage along 
the side AC. 

Note 9: The question may be asked. Where does a 
corner lot end and an interior lot begin? In view of the 
greater liberality of the law toward corner lots, permit- 
ting smaller yards and a larger percentage of the lot to 
88 ' 



§23 LIGHT AND VENTILATION 

be occupied, there is a direct incentive for the builder 
to evade the law's requirements and build over a very 
large frontage, and call it all a " corner " lot ; later sub- 
dividing his building and selling off portions of it; that 
is, erecting several buildings in the guise of one, hav- 
ing all the buildings classed as one corner building in- 
stead of as one corner building and several interior 
buildings. 

The line must be drawn somewhere. It has been 
set at 70 feet with a desire to be liberal to investors 
and builders and to be sure that a building 50 feet or 
more in width will be treated legitimately as a corner 
building. In most cities the line is drawn at 25 feet, 
but this is unnecessarily strict. Figure 12 (p. 74) 
illustrates how it is necessary to break back the )ard 
at a point 70 feet from the corner in the case of a 
building being erected with 100 feet frontage. 

Note 10: The reasons for exempting the modern 
hotel from the requirements of this and the following 
section are set forth in Note 4, p. 85. 



§23. Depth of Rear Yard. The depth of the rear 
yard required by the preceding section shall increase pro- 
portionately with an increased height of the dwelling and 
shall be proportionate to the depth of the lot as follows:^ 
For purposes of this section the depth of the lot shall be 
measured from the front wall of the dwelling instead of 
from the front lot line.^ If the dwelling is three stories 
high the depth of the rear yard shall be TWENTY^ per- 
centum of the depth of the lot; if the dwelling is four 
stories high such depth of rear yard shall be TWENTY- 
FIVE percentum of the depth of the lot; if the dwelling 
is five stories high suchdepth of rear yard shall beTHlRTY 
percentum of the depth of the lot; and shall thus increase 
FIVE-* percentum for each story. If the dwelling is less 
than three stories in height, the depths above prescribed 
ma\' be decreased FIVE percentum for each story below 
three stories. In the case of corner lots if the dwelling is 
three stories high, the depth of the rear yard shall be FIF- 
TEEN^ percentum of the depth of the lot. If the dwell- 
ing is four stories high such depth of rear \ard shall be 

89 



A MODEL HOUSING LAW § 23 

TWENTY percentum of the depth of the lot and shall 
thus increase FIVE percentum for each story and may 
similarly be decreased FIVE percentum for each story 
below three stories. Irrespective of the above provisions, 
no rear yard under any circumstances shall ever be less 
than TEN feet in depth. The provisions of this section 
shall not apply to hotels as defined in paragraph four of 
section two. 

Note i : A distinct departure from the provisions 
found in similar statutes is made in this law in the 
method of regulating the depth of yards. Here an 
attempt is made to make the depth of the yard pro- 
portionate to the depth of the lot. This plan has 
been adopted because it has been feared that the 
methods heretofore employed of fixing arbitrarily a 
certain minimum depth in feet might not be sustained 
if tested as to constitutionality, because it would not 
be possible to show that such method of regulation was 
based upon a scientific principle. If all lots were the 
same depth this question would not be so compli- 
cated, but where lots vary from 60 feet in depth to 250 
feet in depth, and even more, the subject is seen 
to be somewhat complex. Assuming that a 30-foot 
yard is the minimum sized yard that should be left 
for a three-story dwelling in most cities, it would be 
perfectly easy to require this in the case of lots 100 
feet or more in depth, but there are many lots known 
as "tail-enders," having been cut off where the lots 
from another street have been subdivided in a cer- 
tain way, which often do not exceed 60 feet in depth 
and sometimes do not exceed even 40 feet in depth. 
To require a 30-foot rear yard on a lot 40 feet in 
depth would, of course, be absurd and would have 
the effect of making impossible the development of 
such property. In addition it is very desirable to 
have some automatic method of regulating the evils 
of the deep lot and thus prevent the building far back 
on the lot of long, deep buildings which are respon- 
sible in large degree for lot overcrowding and conges- 
tion of population. (See discussion under Section 20.) 

As the best means, therefore, of meeting all these 
conditions, the plan set forth in this section has been 
evolved. This gives an automatic control of depth of 
90 



§23 



LIGHT AND VENTILATION 



building and depth of yard both on shallow lots and 
on lots of excessive depth. It does not make pro- 
hibitive the development of a short lot nor, on the 
other hand, does it give a short lot an undue or unfair 
advantage. It places all lots on the same basis in 
that the depth of the yard is proportionate to the 
depth of the lot. How this would work out in prac- 
tice with lots of varying depths and for dwellings of 
normal height is shown in the following table: 



INTERIOR 


LOTS— REAR YARDS ( 


MEASURED 


TO 






MIDDLE 


LINE OF ALLEY) 




SG 


Depth of Lot 


Height of Buildi 






















S 


50 
ft. 


60 
ft. 


100 
ft. 


I2S 
ft. 


150 
ft. 


200 
ft. 


T 






Ft. 


Ft. 


Ft. 


Ft. 


Ft. 


Ft. 


Ft. 


Ft. 


I -story — 10% . 




10 m/w. 


10 tnin. 


10 mm. 


10 


I2i: 


15 


20 


25 


2-story— 15% . 




10 tnni. 


10 mm. 


10 mm. 


15 


18- 


22^ 


30 


37i 


3-slory — 20% 
4-story— 25% - 
5 -story— 30% . 
6-story— 35% • 
etc. 




10 jnni. 
10 

12 
14 


10 

I2i 

15 
I 7 .'. 


12 
15 
18 
21 


20 

25 
30 
35 




30 

37i 
45 _ 

5 2 i 


40 
50 
60 

70 


50 
62 i 

75 
87^ 



CORNER LOTS— REAR YARDS (MEASURED TO MIDDLE 




LINE OF ALLEY) 






Depth of Lot 




Height of 














Building 




















S 


50 


60 


100 


125 


150 


200 


250 




ft. 


ft. 


ft. 


ft. 


ft. 


ft. 
Ft. 


ft. 




Ft. 


Ft. 


Ft. 


Ft. 


Ft. 


Ft. 


Ft. 


i-storj — 57c . 


10 7nm. 


10 min. 


10 mm. 


10 mt7i. 


10 min. 


10 mm. 


10 


I2i 


2-story — 10% • 


10 mm. 


10 min. 


10 mtJi. 


10 


12\ 


15 


20 


25 


3-slory — i57o • 


10 mill. 


10 mi7i. 


10 mi7i. 


15 


iSJ 


22|- 


30 


37{: 


4-story— 20% . 


ID mm. 


10 


12 


20 


25 


30 


40 


50 


5-story— 25% . 


10 


I2| 


15 


25 


3ii 


Zlh 


50 


t2k 


6-story — 30% . 


12 


15 


18 


30 


37^ 


45 


60 


75 


etc. 

















When it is remembered that alleys prevail in most 
cities and that these measurements are to be taken 
to the centre line of the alley, it becomes apparent 
how liberal this provision is from the point of view of 
the man who wants to develop his property. 

For example, in the case of the shortest lot imag- 
inable for building purposes, viz., a lot but 40 feet 
deep, it would still be possible to build a dwelling 30 
feet deep leaving only a lo-foot back yard — the irre- 

91 



A MODEL HOUSING LAW §23 

ducible minimum. As such lots seldom abut an alley 
at the rear, being "tail-enders," the lo feet would be 
to the lot line. 

In the case of a normal lot, say one loo feet deep, 
the back yard would have to be only 20 feet. With a 
16-foot alley at the rear, it would mean that only 12 
feet of the lot would have to be given up to rear yard 
space. In such case, if the owner did not desire to set 
back his house at front or erect a garage at the rear, 
he could build his building 88 feet deep. This is ob- 
viously extremely liberal. If he elected to have a 
front yard or set-back, say of 30 feet, he could build 
his house 64 feet deep and have a back yard of 6 feet 
(14 feet to the centre of the 16-foot alley). This is 
also extremely liberal. • 

If the owner wanted to have a front yard or set- 
back say of 25 feet and also have a garage at the 
back of the lot 15 feet in depth, he would have to 
leave 15 feet between the dwelling and the garage 
(see Section 29) and could still have a house 45 feet 
deep. In the above instances if the dwelling were but 
2 stories high, the conditions would be even more 
liberal. 

When it comes to the deep lot, the scheme still 
works out in a way not to be unduly restrictive. 
Take the case of a lot 150 feet deep for instance: 
Here the owner could leave a front yard or set-back 
of 30 feet, leave a back yard of 16 feet (24 feet to 
the middle of the alley) and could have a house 104 
feet deep if he wanted such a thing. Or, he could 
have a 1 5-foot garage at the rear, could set back his 
front 50 feet and still have a house 70 feet deep. 
What he would do, of course, would be to build his 
house the depth he wanted it and leave a much larger 
rear yard than the law requires. It is quite evident 
that this scheme will work out with entire satisfaction 
in most places. 

Note 2: It is obviously unfair to penalize the man 
who voluntarily leaves a large front yard by making 
him increase also the size of his back yard. There- 
fore, it is provided that he may deduct this set-back 
from the depth of his lot for purposes of calculating 
the depth required for the back yard. 

To illustrate: In the case cited under Note i, on 
page 90 of a lot 100 feet deep and a front set-back 

92 



§ 23 LIGHT AND VENTILATION 

of 30 feet, such a lot would be considered only 70 
feet deep and the back yard would have to be only 
20% of 70 feet or 14 feet to the middle line of the 
alley — or only 6 feet off the lot. 

Note 3: If these standards should seem to work 
hardship in any community (which the author very 
much doubts), it is suggested that the thing to do is 
not to depart from the principle of having the size of 
the rear yard proportionate to the depth of the lot, 
but to change the standards. Instead of having the 
rear yard 20% of the lot depth have it less, say 18%. 
Or, per contra, if the standards are too low and do 
not in a given community produce rear yards of suf- 
ficient size, change the standard from 20% to 22% or 
25% or whatever may be desired. 

Note 4: Naturall}-, the size of the rear yard, as in 
the case of other open spaces left vacant for light and 
air, should increase as the dwelling increases in height. 
Under the plan outlined here of a 5% increase per 
story the following results will be obtained: 



YARD DEPTHS (LOT 100 FEET DEEP) 

Height Corner Lots Interior Lots 

I -story 10 feet min. 10 feet 

2-slory 10 ft. 15 feet 

3-story 15 fi- 20 feet 

4-story 20 ft. 25 feet 

5-story 25 ft. 30 feet 

6-stor>' 30 ft. 35 feet 

and so on. 



It will be seen that this automatically checks the 
erection of high buildings by imposing a requirement 
for a larger yard as the dwelling increases in height. 
This is deliberate. A high building in the case of 
dwellings is unnecessary, except in the case of hotels. 
Hotels have been exempted from these provisions for 
reasons already set forth. These requirements there- 
fore can affect adversely only the apartment house or 
tenement; for, private dwellings seldom exceed 3 
stories in height and two-family dwellings never ex- 
ceed 2}i Stories. 

There can be no question as to the desirability of 
preventing the erection of sk\'-scraper apartment 
houses and tenement houses. Outside of New York 

93 



A MODEL HOUSING LAW § 24 

City and possibly Boston, they are not a necessity. 
If a city like Chicago can limit the great mass of its 
apartment houses and flats to three stories, as it has 
done successfully for the past lo years and more, 
there is no reason why every other city in America 
cannot do the same. The best way to do this is to 
penalize the building of excessive height by requiring 
much more open space to be left around it — a method, 
incidentally, which the courts will sustain. 

Note 5: It will be noted that the standard laid 
down for corner lots is different from that laid down 
for interior lots. This is but right. A dwelling on a 
corner lot has streets on at least two sides and some- 
times on three sides and has therefore much greater 
opportunities for light and air, especially for continu- 
ous air currents. In addition, street frontage is very 
valuable and the owner should not be required to 
sacrifice more of this than is absolutely necessary 
to insure the proper lighting and ventilation of his 
building. While it is provided that the depth of 
yard of a corner lot shall not be less than 1 5 per cent 
of the depth of the lot, this requirement is subject 
to the further requirement found later in the section, 
that no yard under any circumstances shall be less 
than 10 feet in depth. Thus in the case of a corner 
lot 60 feet in depth, it would not be possible to have 
the yard less than i o feet deep, which would be over 1 5 
per cent of such a lot. Ten feet is the irreducible mini- 
mum; a yard less than this cannot furnish adequate 
light and ventilation. 

§24. Side Yards; Distance between Adjacent 
Buildings. 1 In order to insure adequate light and venti- 
lation and reduce the conflagration hazard and preserve 
the amenities^^ of residential districts, no dwelling here- 
after erected shall approach nearer at any point to any 
adjacent building than as prescribed in this section. The 
space between such dwelling and any adjacent building^- 3. 4. 
at the side thereof, either on the same lot or on an ad- 
joining lot, measured from the side wall of said dwelling 
to the nearest wall of such adjoining building, shall be 
deemed a side yard and shall be as follows: 

(a) In the case of private dwellings^ hereafter erected 

94 



§24 LIGHT AND VENTILATION 

one stor)' in height such space shall be not less than SIX 
feet; for such dwellings one and one half or two stories in 
height EIGHT feet; for such dwellings two and one half 
or three stories in height 1 EN feet and shall increase 
similarly TWO feet for each additional story or part story. 

(b) In the case of two-famil\' dwellings and multiple- 
dwellings" hereafter erected such space shall be propor- 
tionate to the height of such dwelling and also to its length 
or depth, as follows: for such dwellings one story in 
height such space shall be not less than EIGHT feet; for 
such dwellings one and one half^^ q^ two stories, TEN 
feet; for such dwellings two and one half or three stories, 
TWELVE feet; for such dwellings four stories FOUR- 
TEEN feet; and shall increase similarly TWO feet for each 
additional story or part story. Wherever such dwellings 
exceed SI XTY^ feet in length or depth, such side vard space 
shall be further increased throughout its entire width^ by 
TWO feet for ever)^ TEN feet or fraction thereof that such 
length or depth is in excess of SIXTY feet. 

(c) Where the adjoining premises are unbuilt upon^^ at 
the time said dwelling is erected, the full space required 
between the buildings as above provided, shall be left 
upon the same lot with the dwelling, measured from the 
side wall of the dwelling to the side lot line, unless the 
owner of said adjoining premises files with the count)' clerk 
of the county in which the dwelling is situated a written 
easement agreement binding upon him, his heirs, adminis- 
trators and assigns that he will keep unbuilt upon and 
available for light and air a sufficient portion of his lot 
immediately adjoining such side yard to give the required 
space between buildings. The city, town or village through 
its corporation counsel, or equivalent officer, shall be a 
part)-^ to such easement agreement which shall not be dis- 
solved without the cit\'s consent. A copy of such agree- 
ment shall be filed in the office of the health officer with 
the plans for such dwelling, and shall also be there in- 
dexed b\' street and number; 

(d) All of the above mentioned side yards shall be at 

95 



A MODEL HOUSING LAW §24 

ever}' point open from the ground to the sky, except as 
otherwise provided in paragraph sixteen of section two.^^-^^ 

(e) Nothing in this section contained shall be construed 
as preventing the building of dwellings in rows adjacent 
to each other with no space between them.^^ 

(f) Nor shall anything in this section be construed as 
preventing the building of single dwellings of all classes 
right up to the side lot line, provided no room or public 
hall or other part thereof obtains the light and ventilation 
required^^ by this act from windows located at such lot 
line or on any side yard less than the size required by this 
section. 

(g) If any space is left it shall conform to the provisions 
of this section. 1* 

Explana- Note i : No section in the entire act will arouse so 

^JQj^ much opposition as the attempt to regulate the space 

between adjacent buildings and to require the leaving 
open of a sufficient space to give adequate light and 
ventilation. The ideal condition would be to require 
every dwelling hereafter erected to have plenty of 
open space on all sides of it. This is of course not 
practicable in large cities or in the well built-up por- 
tions of small ones, desirable though it may be. In 
such places it is often necessary to build houses in 
contiguous rows, "terraces'' as they are called in 
certain sections of the country. In the case of apart- 
ment houses, flats and tenement houses, and many 
other classes of dwellings this is more often the rule 
than it is the exception. In the case of most pri- 
vate dwellings, however, except in the largest cities, 
and even in the case of two-family houses, it will 
still be found possible to leave an open space be- 
tween the buildings. It has not been sought, there- 
fore, in this act to impose a mandatory requirement 
against the erection of houses in contiguous rows. 
Such a requirement would probably be unconstitu- 
tional. It is, however, of great importance to make 
sure that adequate space is left between buildings 
where dwellings are not built solidly in rows. The 
prevailing practice in most of our cities is to leave a 
totally inadequate space; sometimes only a foot 
between buildings, often as little as 3 feet and only 
96 



24 LIGHT AND VENTILATION 

in rare cases is an>'thing like an adequate space pro- 
vided. The purpose of leaving an open space at the 
side of a building is to furnish sufficient light and air 
to the windows of the rooms in the interior part of 
the building which do not open on the street or front 
or rear yard, it is far better that no space should be 
left than to have a space left which will furnish neither 
light nor ventilation but instead simply becomes a 
damp, dark pocket and gathering place for rubbish 
and waste material. Experience shows conclusively 
that no less than i6 feet should be left between dwell- 
ings. This will give a side yard of a minimum width 
of 8 feet on each side of each dwelling. With the 
width of lot that has been employed in the past in 
most of our cities, objection will at once be made to 
this requirement as "idealistic" and impracticable. 
It will be claimed that this requires the giving up of 
1 6 feet of the width of the lot for side yards and that 
on a 25-foot lot this would leave but 9 feet for the 
dwelling, and that this is absurd, — which of course it 
is. Even on a 40-foot lot this provision will allow 
a dwelling only 24 feet wide, if the house is placed 
in the middle of the lot, and this is not large enough 
for the class of dwelling which it is desired to erect 
in many of our cities. The standards adopted in this 
section, therefore, represent as near an approxima- 
tion to the ideal as it seems wise to go and should be 
treated as the irreducible minimum. 

The standards of the Federal Government on this 
point in the " Standards for Permanent Construction" 
adopted March 7, 19 18, by the U. S. Department of 
Labor and the U. S. Shipping Board in the housing of 
ship-builders and industrial workers during the War 
are most significant. These were: 

" 10. Open Spaces. Side >'ard space between ad- 
jacent buildings to be preferably 20 feet; minimum 
16 feet; such space to be increased proportionately for 
each additional stor\', or part of storv, above two 
stories. If this space is not obtainable because of lot 
sizes or land values, houses should be built in rows 
or groups." 

And these are standards which were adhered to in 
all government houses built with the two hundred mil- 
lion dollars appropriated by Congress for the housing 
of war workers. 

7 97 



A MODEL HOUSING LAW § 24 

It is at once seen that the standards cited are im- 
measurably higher than anything attempted in this 
law. They are what should be required in this law, 
however, and in the laws of all states. Anything less 
than 16 feet between adjacent two-story dwellings 
is inadequate and will not furnish sufficient light and 
air, nor provide the amenities of civilized life. There 
is, however, a vast difference between the standards 
that may be adopted in operations such as the Fed- 
eral Government undertook during the War (where 
as a rule, acreage property was bought and lots were 
made whatever size was desired) and a mandatory 
law which affects practically every unimproved parcel 
of real estate in a given city. Where property is 
already subdivided and lot sizes have become fixed, it 
is often difficult, if not impossible, to adopt the stand- 
ards that should be adopted, without disturbing real 
estate values to too great an extent. For these reasons, 
the low standards established here have been adopted. 
They are just half the standards of the Federal Govern- 
ment. 

The chief difficulty is met in cities where the pre- 
vailing lot unit is one of narrow width, 25 feet or 30 
feet. To leave 16 feet between adjacent buildings on 
lots but 25 feet wide, would leave only 9 feet of the lot 
width available for building purposes, which as already 
pointed out is of course an impossible situation. 
With 30-foot lots it is not much better. 

It is no exaggeration to say that the success or 
failure of the entire housing law may hinge upon the 
skill with which these requirements for side yards are 
adjusted to local conditions. It is, therefore, of the 
utmost importance before determining what the stand- 
ard shall be in a given city to have complete and full 
information as to the existing conditions and the then 
practice in that community. 

This means that an exact and careful inquiry should 
be made as to the lot units that prevail in that commu- 
nity especially with reference to the width of lot unit. 
These facts are known in a general way to the leading 
real estate men of the town. They should be ascer- 
tained accurately; this requires no great expendi- 
ture of time or effort. 

Similarly, it is equallv important to know accu- 
rately what the current practice or fashion of housing 

98 



24 LIGHT AND VENTILATION 

is in each community witii reference to the method of 
placing the house upon the lot; and what the prevail- 
ing t\pe of house is that people desire to build, espe- 
cially as to width. If, for example, in a given com- 
munity the lots are uniforml)' 50 feet wide and no 
one is accustomed to building a house wider than 24 
feet, it is obvious that a requirement could be adopted 
with perfect safet>' calling for side yards of 10 feet on 
each side of new dwellings, thus leaving 20 feet be- 
tween adjacent dwellings. If on the other hand, how- 
ever, in a given communit\' it develops that the pre- 
vailing lot width is 30 feet and the kind of building that 
people desire to have built is a dwelling 22 feet wide 
it is obvious that no more than 8 feet can be left 
between adjacent dwellings. This is entirely inade- 
quate and so small a space ought not to be left, but it 
may be the part of wisdom to set the standards as low 
as this and not jeopardize the passage of the entire act. 

Note 2: One of the chief reasons why the attempts 
made in housing laws based upon the Model Housing 
Law during the past five years to set adequate stand- 
ards for side yards have given rise to difficulty, has 
been due largely to the fact that it was attempted (as 
provided in the earlier edition of the Model Housing 
Law) to fix definitely' the distance from the side wall 
of a new dwelling to the side lot line, upon the as- 
sumption that, each dwelling must stand on its own 
base and that adequate light and ventilation must be 
provided around it irrespective of neighboring condi- 
tions. Theoreticall}-, this was sound but it did not 
always work out advantageously in practice. 

All that a housing law need concern itself with in 
this respect is to make sure that there is adequate open 
space for light and ventilation and fire protection be- 
tween adjacent buildings. The practical thing, there- 
fore, is to permit the measurement of such open space 
to be taken from the wall of one building to the wall of 
the nearest adjacent building, irrespective of where 
the lot line ma}' be. The disadvantages of this more 
liberal method of treatment are that at some future 
time the adjoining dwelling which at the time may 
have a large side \'ard, ma\' later be torn down or may 
burn down and a new dwelling ma\' be erected nearer to 
the lot line; in that case reducing considerabl\' the 
available amount of light and air between the two 

99 



A MODEL HOUSING LAW § 24 

buildings. Weighing the whole question carefully, it 
seems that this is the lesser of the two evils and that 
it is better to take a chance on the adjoining building's 
ultimately being torn down than it is to impose stand- 
ards which because of unfortunate property subdivi- 
sions cannot be applied without working undue hard- 
ship. 

Note 3 : Another important advantage in measur- 
ing the side yard space to the wall of the nearest ad- 
jacent building is found in those communities where the 
local custom prevails of not putting the house exactly in 
the centre of the lot. In some cities, and there are quite a 
number of them, it is the custom to leave a much larger 
side yard on the south side of the building than on the 
north. Where the owners of the adjacent property 
adopt this practice, there are no disadvantages; for, 
the space between buildings is maintained at the same 
amount as if the houses had been placed directly in the 
middle of each lot. To illustrate: Take the case of a 
city where the lots are 40 feet wide and the owners are 
building houses 30 feet wide. This leaves 10 feet 
available on the two sides for side yards for purposes 
of light and air. Instead of placing the house in the 
centre of the lot and leaving 5 feet on each side of it 
the custom prevails of leaving a side yard on the 
southerly side of the dwelling of 7 feet and on the 
northerly side of 3 feet, the adjacent owners employing 
the same practice. There is then 10 feet between 
each pair of buildings, the same amount that would 
result if 5 feet were left on each side. With the in- 
creased use of the automobile this method of placing 
the house on the lot assumes new importance for it is 
necessary to get access to the garage at the rear of the 
lot and it is a very common method of doing this to 
have a side yard between two houses 10 feet wide. 
Moreover, the larger side yard on the southerly side of 
the house has advantages from the point of view of 
people who have gardens and who wish to plant flowers 
along side of their houses; for, it insures them a wider 
exposure and therefore more sunlight. 

As illustrative of the results that would be obtained 
under the standards suggested in this section, the fol- 
lowing table is appended for convenience of reference : 



100 



§24 



LIGHT AND VENTILATION 











Side Yard Widths 


Height of Building 


Private Dwellings 


2 Family & Multiple 
Dwellings 




Space 


Space 


Space 


Space 




Between 


on Each 


Between 


on Each 




Buildings 


Lot 


Buildings 


Lot 


I story 


6 ft. 


3 ft. 


8 ft. 


4 ft. 


iK stories 








8 ft. 


4 ft. 


10 ft. 


5 ft. 


2 stories 








8 ft. 


4 ft. 


10 ft. 


5 ft. 


2)4. stories 








lO ft. 


5 ft. 


12 ft. 


6 ft. 


3 stories 








lO ft. 


5 ft. 


12 ft. 


6 ft. 


4 stories 








12 ft. 


6 ft. 


14 ft. 


7 ft. 


5 stories 








14 ft. 


7 ft. 


16 ft. 


8 ft. 


6 stories 








16 ft. 


8 ft. 


18 ft. 


9 ft. 


etc. 











Note 4: In cities wiiere lots are narrow and where 
it is practically impossible to leave adequate space 
between adjacent buildings because of that fact, and 
where the people are unwilling to resort to the row or 
group type of house with no side yard between, it is 
sometimes suggested that the housing law should 
impose totally inadequate standards as to side \'ards, 
something like 3 feet between adjacent buildings 
for the older parts of town where the property is al- 
ready subdivided and cannot be changed; and then to 
require more adequate side yards in the newer sub- 
divisions. There is considerable doubt as to whether 
such a plan would be held by the courts to be consti- 
tutional. The courts might hold that it was an un- 
reasonable discrimination not to permit the property 
owner in the new part of the town to occupy as much 
of the land as the property owner in the older part of 
the town. It is not a solution of the diificult}' that 
commends itself to the writer. Where such a situa- 
tion exists, he believes that the thing to do is to insist 
upon having the right standards and to say as the Fed- 
eral Government has done in its Permanent Standards 
which will be found in Chapter VII, pages 341-372. 

" If this space is not obtainable because of lot sizes 
or land values, houses should be built in rows or 
groups/' In the great majority of cases where the 



lOI 



A MODEL HOUSING LAW § 24 

lots are as a rule 20 or 25 feet or even 30 feet wide if it 
is sought to impose proper standards for side yards in 
a housing law, it will mean that the dwelling house 
will be built on 2 lots (as it should be under these cir- 
cumstances) instead of on one lot as in the past. This 
suggestion, however, will at once be met by the owners 
of property in such a community with the inquiry as to 
what is to become of the owner of the single lot sand- 
wiched in between 2 adjacent lots already improved. 
The answer to such a query is that no law can be for- 
mulated which will not work some slight degree of in- 
justice or apparent hardship and that the welfare of 
the community in having adequate and ample space 
for light and air and fire protection and the amenities 
of civilization between buildings, far outweighs the 
hardship that may be suffered by the few individual 
lot owners in that community who may be thus 
situated. Moreover, it should be pointed out to such 
individuals that under the law the owner of such a lot 
can always build his property up to the lot line and by 
using a different type of house conform to the housing 
law. That, by either building his house 2 rooms deep, 
having the rooms secure their light and air from the 
street or from the back yard, or by utilizing courts he 
can build a dwelling which, though it may not be ar- 
ranged in all respects according to the particular type 
of house that has prevailed in that community in the 
past, will still be an adequate dwelling and one that 
people will want to live in and one that will have proper 
light and air. 

Note 5 : Reference has been made in Note 2 to the 
desirability of taking advantage of adjacent property 
conditions and allowing the owner of a new projected 
dwelling to secure the benefit so far as practicable of 
his neighbor's light and air. It will not do, however, 
to be too liberal in this respect. Otherwise, the whole 
purpose of the law may be defeated. Take the case, 
for instance, of a man who is building a dwelling on a 
lot where there are no dwellings already erected on 
either side of him; and this is quite a common occur- 
rence. He might, unless the law safeguarded this 
point, build his dwelling right up to the lot line on 
either side claiming that he was leaving a great deal 
more space between his building and the nearest 
adjacent building than the law required, the "nearest 

102 



§24 LIGHT AND VENTILATION 

adjacent building" in his case possibly being loo or 
200 feet distant, or even further away. If his building 
were permitted to be erected in this way, we would 
soon have, when the adjacent property began to be 
built up. all of the evils of the present day of "lot line 
windows," and the building in question would soon 
have its light shut out by neighboring buildings erected 
close to the lot line. It will not do of course to permit 
anything of this kind. Where a man is building and 
the adjacent propertx' is not built upon, it is reasonable 
to require him to leave the full amount of space needed 
between buildings entirel>' on his own lot, or failing in 
this to secure a binding agreement on the part of his 
neighbor to leave a similar space on his property 
unbuilt upon for purposes of light and air. There will 
probabl}- be much objection made to filing an ease- 
ment agreement, the chief objection being made that 
it is a lot of bother that the average man who builds 
a house doesn't want to bother with; that it involves 
a lot of legal red tape; that it clouds the title of the 
property; that it involves the paying of a lawyer; and 
especially that it means that one's neighbor will hold 
him up for compensation of an exorbitant nature be- 
fore he will sign such an easement agreement. Un- 
doubtedly many of these objections are valid though 
none of them presents any real difficulty where a person 
wants to carry out this scheme. The answer to them 
is that a man cannot have his cake and eat it too. If 
he wants the very great advantage of leaving vacant 
on his lot only half the space that he ought to leave 
to secure adequate space between buildings, he surely 
ought to pay whatever may be necessary to obtain 
from his neighbor a similar space and paying a 
lawyer's fee for such an easement agreement is a very 
small matter. Where a man building a dwelling is 
unable to do this he certainly should be required to 
leave the full space on his own lot. 

Note 6: The plan as outlined here presents one or 
two novel features of considerable importance. The 
ordinar\' easement agreement where it has been tried 
for such purposes has been of little legal value, for the 
reason that it was in its essence only a private contract 
between two individuals and could be dissolved at any 
time when those two individuals or their successors in 
interest so desired. The result of this situation was 

103 



A MODEL HOUSING LAW § 24 

that with an easement agreement of this kind filed 
when the house was built it was possible some 5 or lo 
years later for the then owners of the two pieces of 
property to get together and decide to dissolve it; 
with the result that one of the pieces of property was 
torn down and a new building built close to the adjacent 
building. Thus the whole purpose of the easement 
agreement was made null and void. 1 n order to obviate 
this difficulty, it is provided here that the city, town 
or village through its Corporation Counsel, City At- 
torney or equivalent officer shall be a party to the 
easement agreement and that the agreement shall not 
be dissolved without the city's consent. It is further 
provided, for the same reason, that a copy of the 
agreement shall be filed in the office of the Health Offi- 
cer as part of the plans of the dwelling and shall be 
indexed by street and number so that any person may 
readily find it. 

Note 7: In most cities the side yard is the usual 
method of treatment in the case of the private dwel- 
ling, a type that it is most desirable to encourage. It is 
the prevailing type of American habitation. The con- 
ditions that prevail with regard to the private dwelling 
differ materially from the conditions that exist in the 
case of multiple dwellings of various kinds and espe- 
cially flats and apartment houses, including the so- 
called two-family dwelling as defined in this act, which 
is in effect a 2-story flat. In the case of multiple 
dwellings, we do not have the situation of a man 
owning his own home built for his own occupancy. 
Such buildings are built always to rent and the families 
that live in them have no choice but must take the 
kind of accommodations that are available for rent in 
that community. A man can build his own home the 
way he wants it, as a rule, but a tenant can rent only 
the kind of apartment that is vacant when he is look- 
ing for a place to live in. In addition, the multiple 
dwelling is generally a business investment and as a 
rule represents a sufficiently large return on the capital 
invested to warrant the imposing of adequate stand- 
ards for light and air. It may be necessary in some in- 
stances to compromise with our principles and accept 
lower standards in the case of private dwellings than 
we believe to be right, but this is not at all necessary in 
the case of the multiple dwelling. Moreover, multiple 

104 



§24 LIGHT AND VENTILATION 

dwellings, especially the larger apartment houses and 
flats, are not as a rule built with side yards as the chief 
feature. Courts are much more commonl\' used with 
this type of building, varying from the open street 
court of the H-shaped apartment house to the outer 
court and even to the large central inner court or 
garden that is coming into vogue more and more in 
recent construction. 

For these reasons, it will be noted that a differen- 
tiation has been made between the size required for 
side yards in the case of private dwellings and in the 
case of multiple dwellings and two-famil\' dwellings, 
the standards being 2 feet more in the case of the latter 
than the former. 

Note 8: The adequacy of the side yard depends 
upon three factors — its width, the height of the build- 
ing and its depth or length. The longer or deeper the 
building, the wider the side yard should be. In some 
cities where lots of 200 feet depth prevail, it is not 
uncommon to build apartment houses and flats 4 
stories high and 180 feet deep with a side yard from 3 
to 4 feet wide. It is obvious that such side yards are 
grossly inadequate and ought not to be permitted. 

For these reasons, a requirement has been included 
in this section b\' which as dwellings increase in depth 
beyond 60 feet, which is taken as the normal maxinlum 
depth of a dwelling, the side yard shall increase b\' 2 
feet for every 10 feet of additional length be\ond 60 
feet. This applies only to the case of two-family 
dwellings and multiple dwellings; for, no private 
dwelling is likel\' to be erected which will exceed or 
even equal 60 feet in depth. The multiple dwelling 
can well afford to leave this additional space, and 
should be made to. It is to be carefully noted that 
the length of the side yard is measured (see definitions 
Section 2 (6)) from the front wall of the dwelling to 
its rear wall and not to the rear lot line. 

The way that this would work out in practice can 
best be appreciated by a concrete example. Take the 
case of a 3-story apartment house on a lot 1 00 feet deep 
with a building 72 feet deep. In that case under the 
provisions of this section, the side yard would have to 
be 16 feet wide — 12 feet the minimum for a building of 
this height, with an additional 4 feet of width required 
because of the additional depth of the building beyond 

los 



A MODEL HOUSING LAW § 24 

60 feet. This would mean that where the adjacent 
buildings were similarly constructed, only 8 feet would 
have to be left on each side of the flat in question. It 
is immediately apparent that this is an extremely 
liberal provision from the point of view of the owner 
of such property. In the case of a 4-story building 
similarly situated, the space on each side of the flat 
would have to be but 9 feet, and in the 5-story build- 
ing but 10 feet. 

In the case of lots of such extreme depth, as for 
instance, a lot 200 feet with a building of very great 
depth, say 150 feet, there the side yard for a 3-story 
building would have to be 30 feet between adjacent 
buildings or 15 feet on each side of the flat to be 
erected. This also is quite liberal in view of the 
great depth of the building. 

Note 9: It should be noted that the increase in 
width of court requirement because of greater depth 
of building applies to the entire width of the court. 
Without this specific provision the law would be 
evaded; as ingenious architects have sought to do in 
several cities by dividing the side yard up into several 
sections making each section of a certain width instead 
of increasing the entire width of the side yard by the 
amount required. 

Note 10: It will be noted that specific reference 
has been made to dwellings 1^4 stories in height and 
2>^ stories in height and that these are treated on the 
same basis with reference to width of side yards as 
buildings of 2 full stories and 3 full stories, respectively. 
This is only proper; for, a i>^-story building might 
be higher than a 2-story building in actual number of 
feet in height. While the sloping roof does permit 
more light and air to enter the side yard, it does not 
confer enough benefit to offset the need of the greater 
width of side yard for a building of such height. 
While the definitions would include such parts of 
stories and require them to be counted as full stories, 
this is so important a matter that it has been thought 
best to state the requirement in such clear language 
that there c'an be no misunderstanding about it; for, 
it has been found in practice that builders and other 
laymen have not always understood this, with the 
result that it has given rise to much argument with 
the enforcing officials, causing them difficulties and 

106 



§24 LIGHT AND VENTILATION 

trouble. It is to obviate this that the lan<^ua<^e em- 
ployed in this section has been used. 

Note i i : One of the difficulties encountered in 
connection with side \ards is found in the practice 
which prevails in man\- cities, especially where the 
peaked roof house exists, of having a very heavy 
"overhang" of the eaves; or, in the case of flat roof 
houses, having the cornice run all the way around the 
side \'ard or well into it. There are man\' instances 
where adjacent cornices thus overhanging have com- 
pletel\- filled the entire side xard. A side \ard under 
these conditions is of little value; for, all of the sun- 
light and most of the air is shut off at the roof by 
cornices which amount almost to a solid wall. The 
result is darkness, dampness and lack of ventilation 
and the entire purpose of having a side \'ard is thus 
defeated. 

For these reasons an absolute limit of i8 inches is 
set on the amount of projection of cornices and eaves. 
This would give 3 feet overhang between two adjacent 
dwellings reducing in the case of a 2-stor\' dwelling 
the effective space for light and ventilation from 8 
feet to 5 feet. It is at once seen from this mere state- 
ment how vitally important it is to safeguard this 
point. 

Strong arguments will be presented to permit en- 
croachments upon the side yard space by means 
of porches and bav windows. This should not be 
permitted. The minimum widths set down in this 
section are the minimum and should not be encroached 
upon. Ba\- windows are not at all necessary in the 
side yard, as the principal room.s of the house do hot 
usually open upon that kind of open space but upon 
the street, or front \'ard, or rear yard where it is 
easilv feasible to have bay windows. With regard 
to porches in side \'ards, the situation is somewhat 
different. While it is true that ample porch facilities 
for any dwelling can be obtained at both front and 
rear, it will be found in a number of cities, especially 
in the case of two-family houses, that it is desired to 
have the entrance for one of the families by means of 
a porch or piazza at one side of the building. This 
must necessaril\' extend into the side \'ard. Having 
the porch in this location is of course not a necessity 
as the building can be so planned as to permit entry 

107 



A MODEL HOUSING LAW §24 

to both apartments from the front, but this may in- 
volve a change in the habits of the people and it may 
not be worth while to attempt to overcome the op- 
position that will be aroused by such a change. If, 
therefore, it is desired to meet this point of view the 
following concession is suggested (see also Section 2, 
Subdivision 16). Add at the end of paragraph (d) the 
following: 

Concession Concession: "Except that in a private-dwelling or a 
two-family dwelling hereafter erected one unenclosed out- 
side porch may be located in the side yard, provided such 
porch does not extend into the side yard a greater distance 
than SIX feet from the side wall of the building nor 
exceed TWELVE feet in its other horizontal dimension. 
The width of the side yard in dwellings hereafter erected" 

Note 12: The question arises sometimes as to 
whether these requirements for multiple dwellings 
should apply to hotels. It will be noted that no ex- 
ception has been made in this provision in the case of 
hotels, although the modern hotel as defined in Para- 
graph 4, Section 2, has been exempted from the rear 
yard requirements of the law. It may be asked why 
it is not equally necessary to exempt hotels similarly 
from the side yard requirement. The reason that such 
exemption is not necessary is to be found in the fact 
that the modern hotel (and that is the only type that 
we are concerned with) is as a rule built on a corner 
lot and very often on a lot bounded by three streets. 
It certainly ought not to be built on an interior lot, 
and for these reasons the side yard treatment is not 
likely to be employed in connection with a modern 
hotel. Such a building will get its light and air from 
the streets and generally in addition from a large inner 
court and sometimes from a back yard and outer court. 
One state has handled this situation by adding at the 
end of the section the following: 

"The above requirements for side yards shall not 
apply to hotels hereafter erected, as defined in Para- 
graph 4 of Section 2, outside of residential districts." 

This would permit great latitude in the case of hotels 
built in the business sections of cities, the place where 
they are as a rule located in most cities, but would 
108 



24 LIGHT AND VENTILATION 

require hotels located in residential districts to pre- 
serve the amenities of the residential character of 
the district b\- having adequate side \ards. This 
scheme is not recommended. Ihe writer believes 
that in most cases it will be found that hotels can 
with perfect propriety conform to the require- 
ments of this section, as they will not desire to 
utilize side yards at all. Where, however, a situa- 
tion exists where it seems wise to make an exception, 
the scheme above outlined might be advantageousl\' 
followed. 

Note 13: One cit\' where the detached type of 
dwelling was the prevailing t\'pe and where the "row 
house" was almost unknown, was very anxious that 
their law should prohibit absolutely the building of 
houses in rows or contiguous to each other. Such a 
provision would mean that all houses would have to be 
detached. It would prevent the usual type of semi- 
detached house. It would prevent the so-called 
" Philadelphia row" and it would prevent such admir- 
able "group houses" as have been developed at Saw- 
yer Park, Williamsport, Pa., or at Yorkship Village, 
the U. S. Shipping Board development or in the devel- 
opment of the Economical Homes Co. at Elizabeth, 
N. J. — to cite but a few of the recent good types of 
group housing developments of the country. 1 1 would 
also prevent the building of apartment houses and 
flats in the way in which almost the entire cities of 
New York and Chicago are built up and would prevent 
the building of the usual t\pe of dwelling house in the 
closel}- built up sections of any city. 

This mere statement as to the effect of such a scheme 
is in itself sufficient to indicate that it is impracticable, 
even though desirable from some points of view. From 
the legal point of view it is of very doubtful constitu- 
tionality. One doesn't see upon what basis it could 
be justified or sustained in court. To say that every 
building shall stand off so many feet from any adjacent 
building even though there may be no windows in its 
side walls and those side walls may be of brick, would 
be hard to justify upon grounds of health, safety or 
welfare. 

Note 14: Some states have sought to limit the re- 
quirement that side yards shall be a minimum width, 
to those cases where there are " required windows" in 

109 



A MODEL HOUSING LAW §24 

the side walls. In other words, where a type of dwell- 
ing is erected in which all the rooms receive their light 
and air either from the street or rear yard but have 
supplementary windows on the side yards, it is sug- 
gested that a very narrow side yard be permitted. 
There is a good deal of plausibility to this suggestion 
but it is a dangerous practice which ought not to be 
permitted, for, it will mean inadequate space between 
buildings, with resultant dampness; and this space, 
among certain classes of the population at least will 
become the gathering ground for waste material and 
refuse of various kinds. There is danger, too, that 
later on the building in question may be altered, that 
rooms may be subdivided and new rooms created open- 
ing entirely on the side yard which will not furnish 
adequate light or ventilation. This is a very real 
danger. For these reasons, it is essential that this 
section should contain the requirement which it does, 
" If any space is left it shall conform to the provi- 
sions of this section.'' 

N GTE 15: In some cities architects have sought to be 
permitted to have side yards built over on the ground 
floor just as they have desired to cover over courts 
and rear yards on the ground floor, in the case espe- 
cially of multiple dwellings. This should not be per- 
mitted. One of the advantages of the side yard and 
one of the reasons for according it the liberal treatment 
which is accorded to it in this law is because of the fact 
that it enables persons using the dwelling to walk all 
around it, to have ready access to the rear yard and to 
have side yards. We have not yet in our civilization 
in America had to resort to the hanging gardens of 
Babylon and until we do, it would seem desirable to 
keep yards down on the earth and not up in the sky. . 
It is not at all necessary to permit this excessive use 
of land and it should not be permitted. 

Note i6: The declaration of purpose introduced in 
the first sentence of this section which reads: 

"In order to insure adequate light and ventilation 
and reduce the conflagration hazard and preserve the 
amenities of residential districts" 

is novel though it has been followed in a number of 
the recently enacted housing laws. The language has 
not as yet been construed by the courts. The writer 

1 10 



24 LIGHT AND VENTILATION 

believes that the section is strengthened b)' this decla- 
ration of purpose; for, it enables the supporters of the 
law when attacked to adduce as reasons for this section 
not merel\' the necessit\' of adequac)' of light and air 
but the importance of reducing the conflagration 
hazard — something ver\- different from the fire hazard 
and one which affects the whole communit}' — as well 
as the important consideration of having civilized and 
pleasant conditions of living. The writer believes 
that on the Welfare clause of the Police Power the 
courts will uphold a requirement of this kind, based 
upon the necessities of preserving the amenities of 
residential districts; and that a law based upon the 
undesirability of having houses built so close together 
that one bed room is so near to a bed room of an 
adjacent dwelling that there cannot be proper privacy, 
will be sustained and supported by our courts. 



Note 17: If the plan outlined in this section of 
determining the size of side yards on the basis of space 
between adjacent buildings does not commend itself in 
any given case and it is desired to enact a provision on 
the basis of having the side yard measured to the lot 
line and not take advantage of conditions on neighbor- 
ing propert}-, the following ALTERNATIVE SEC- 
TION is given for guidance in such a contingenc\': 

§24. Side Yards; Distance Between Adjacent Alternative 
Buildings.^ In order to insure adequate light and ven- 
tilation and reduce the conflagration hazard and preserve 
the amenities of residential districts, no dwelling hereafter 
erected shall approach nearer at any point to the lot line 
than as prescribed in this section. The space between 
such dwelling and the side lot line measured from the side 
wall of said dwelling shall be deemed a side xard and shall 
be as follows: 

(a) In the case of private dwellings hereafter erected one 
story in height such space shall be not less than THREE 
feet; for such dwellings one and one half or two stories in 
height FOUR feet; for such dwellings two and one half or 
three stories in height FIVE feet and shall increase sim- 
ilarl}' ONE foot for each additional stor\' or part stor)'. 

1 1 1 



A MODEL HOUSING LAW §24 

(b) In the case of two-family dwellings and multiple- 
dwellings hereafter erected such space shall be proportion- 
ate to the height of such dwelling and also to its length or 
depth, as follows: For such dwellings one story in height 
such space shall be not less than FOUR feet; for such 
dwellings one and one half or two stories, FIVE feet; for 
such dwellings two and one half or three stories, SIX 
feet; for such dwellings four stories SEVEN feet; and 
shall increase similarly ONE foot for each additional story 
or part story. Wherever such dwellings exceed SIXTY 
feet in length or depth, such side yard space shall be 
further increased throughout its entire width by ONE 
foot for every TEN feet or fraction thereof that such 
length or depth is in excess of SIXTY feet. 

(c) All of the above mentioned side yards shall be at 
every point open from the ground to the sky, except as 
otherwise provided in paragraph sixteen of section two. 

(d) Nothing in this section contained shall be construed 
as preventing the building of dwellings in rows adjacent 
to each other with no space between them. 

(e) Nor shall anything in this section be construed as 
preventing the building of single dwellings of all classes 
right up to the side lot line, provided no room or public 
hall or other part thereof obtains the light and ventilation 
required by this act from windows located at such lot line 
or on any side yard less than the size required by this 
section. 

(f) If any space is left it shall conform to the provisions 
of this section. 

Note i8: If this scheme is followed instead of the 
one suggested, it will be necessary to add to Section 
29 the following: After the words "shall conform 
to the provisions of section twenty-four relating to 
side yards" strike out the period, insert a comma, and 
add the following: 

"but shall be twice the width therein required." 



12 



§25 LIGHT AND VENTILATION 

§25. Courts.^ The size of all- courts for dwellings 
hereafter erected shall be proportionate to the height^ of 
the court, which for purposes of this section shall be meas- 
ured from the bottom of such court, wherever it starts, 
to the top of the highest wall abutting it. No court shall 
be less in any part^ than the minimum sizes prescribed in 
this section. The minimum width of a court throughout 
its entire height shall never be less than ONE THIRD^ of 
such height. The length of an inner court shall never be 
less than twice such minimum width.''' The length of a 
court, except in the case of a side yard, shall never be 
greater than four times its width.^ • The width of all courts 
adjoining the lot line shall be measured to the lot line 
and not to an opposite building.^ 

Note 1 : The comments in connection with the Explana- 
defmitions (Section 2, Sub-division 7) have a special tion 
bearing on this section, and should be read in con- 
nection therewith. 

Note 2: While there is a material difference be- 
tween outer and inner courts and logically they should 
be treated in the law on a different basis, the outer 
court being permitted to be of a less size than the 
inner court because of the better opportunities for 
securing light and ventilation, yet in this law all 
courts have been treated alike. This has been done 
deliberatel}' with a full realization that it is not "logi- 
cal." It has been done in order to keep the law as 
simple as possible. It is especially desirable to keep 
it simple in this section, as it is very easy to have 
extremely complicated provisions with reference to 
open spaces, especially courts, unless one is on one's 
guard. The difference between this law and the 
New York City law in this respect is marked. Here it 
has been possible to embody all the provisions with 
reference to sizes of courts in 140 words. In the New 
\'ork law it takes 2,030 words to treat the same topic, 
the provisions comprising some six closely printed 
pages of small type. The result is a complicated pro- 
vision which the ordinary la>'man has difficulty in 
understanding. 



H3 



A MODEL HOUSING LAW § 25 

Note 3: The plan adopted for regulating the size, 
of courts as set forth in this section marks a radical 
departure from the methods employed in earlier hous- 
ing laws. In all previous enactments a fixed minimum 
width in 'feet has been established with a similar fixed 
increase for increased height of the dwelling — generally 
of one foot for each story of increased height. The 
objections to this method of regulation are that it is 
more or less arbitrary, that it does not follow any 
definite principle — it represents at best only the re- 
sults of observation and experience as to what sized 
court will produce in practice a sufficient amount of 
light for a building of a given height. It also has the 
disadvantage of regulating the width of court by the 
height of the building in stories which is a very vari- 
able quantity. A three-story dwelling for instance 
may be 30 feet high or may be 40 feet high. It is 
obvious that the same width of court is not adequate 
under such different conditions. 

Similarly, most earlier laws fail to make allowance 
for the fact that in hotels and apartment houses, the 
courts very often do not extend down to the cellar or 
even to the ground level but stop sometimes at the 
second or third tier of beams. In such cases it is a 
hardship on the investor to require a court which is 
only 4 stories in height to be of a width that is neces- 
sary for one 6 stories in height, due to the fact that 
the dwelling is 6 stories high but the court itself only 
4 stories. As worded here, the height of the court is 
measured "from the bottom of such court, wherever 
it starts, to the top of the highest wall abutting it," 
thus also providing for the shutting off of light by 
parapet walls. 

Note 4: The phrase "less in any part'' is an im- 
portant one. The irreducible minimum is the irre- 
ducible minimum. If a court 10 feet wide is the least 
sized court which will give adequate light and ven- 
tilation it is obviously unwise to permit any open 
space which is left for the purposes of light and ven- 
tilation to be of a less size. Architects, because of 
greater convenience in planning, will want to use all 
sorts of little recesses and extensions of a smaller 
size and different dimensions from those laid down in 
the law. This should not be permitted, as it will 
result in dark, damp, unventilated and unsanitary 

114 



§25 



LIGHT AND VENTILATION 



shafts such as have prevailed in many of our larger 
cities to the great detriment of the occupants of the 
house. The following diagram shows some of these 
types of extensions and offsets, which are illegal un- 
less the\' are made of adequate width when they may 
then be permitted. 





Street 

Figure 15 



Note 5: The standard established here that the 
width shall be not less than ONE THIRD the height 
of the court, it is believed, will prove to be a very 
practical standard. Theoretically, on the same prin- 
ciple that the width of the street on which a dwelling 
abuts should be equal to the height of the dwelling in 
order to admit sufficient light, the width of a court 
should similarly be equal to its height — or possibly 
even greater. To advocate such a scheme, as a mat- 
ter of compulsory law, would, undoubtedly in the 
minds of many people justify the epithet of "ideal- 
istic" or "impractical." It is, however, what the 
Federal Government has declared to be desirable in 
its "Standards for Permanent Construction" adopted 
March 7, 191 8, and which were laid down and fol- 
lowed in the industrial housing projects carried out 
by the U. S. Dept. of Labor and the U. S. Shipping 
Board and for which 200 million dollars was appro- 
priated -by Congress. 

In these standards will be found the following re- 
quirements for dwellings: 

"Open Spaces. Rear \ard depth not to be less 

115 



A MODEL HOUSING LAW § 25 

than height of building, nor in any case less than 20 
feet. Minimum distance between backs of houses 
should be ^o feet." 

The requirements of the Model Law for ''Courts" 
apply almost entirely to multiple dwellings, especially 
apartment houses, flats, tenements and hotels. The 
court treatment is practically unknown with the 
private dwelling and two-family dwelling — the usual 
method of development with these two types being 
the side yard. 

It is enlightening, therefore, to contrast the stan- 
dards laid down in the Model Law with the Standards 
of the Federal Government just referred to. In dis- 
cussing this type of multiple dwelling the Federal 
Standards have this to say: (Type 8) 

" Buildings are not to be more than 2 rooms deep. 
This means either that rooms shall open on a street or 
on a rear yard, or on an interior park sufficiently large 
for grass and trees to grow in it and of a sufificient size 
to admit direct sun shine into all rooms opening on it, 
at some period of the day, except rooms with north- 
erly exposure.'' 

Compared with these, the Standards of the Model 
Housing Law for Courts with a width equal to only 
one-third of their height are most liberal — and far re- 
moved from ''idealistic." Yet even these low stan- 
dards will be opposed by some architects and builders 
and representatives of other special interests who are 
opposed to housing laws that in any way restrict them. 

How liberal these standards are to the builder of 
apartments and tenement houses is shown by the fol- 



lowing table: 










COURTS 






Minimum 


Minimum 


Maximum 


Height of 


IVidth OF 


Length of 


Length of 


Building 


Court 


Inner Court 


Outer Court 


i-story (10 ft.) 


3>^ft. 


6y,\t. 


i3>^ft. 


2-story (20 ft.) 


6^ ft. 


i^A ft. 


26H ft. 


3-story (30 ft.) 


10 ft. 


20 ft. 


40 ft. 


4-story (40 ft.) 


133^ ft. 


26y, ft. 


53K ft- 


5-story (50 ft.) 


i6}i ft. 


33>^ ft. 


66V2, ft. 


6-story (60 ft.) 


20 ft. 


40 ft. 


80 ft. 


and so on. 






' 



It is seen from a study of this table that a person 
building a 3-story apartment house or flat, and utiliz- 
116 



§25 LIGHT AND VENTILATION 

ing courts of various kinds would have to have his 
courts a minimum width of lo feet. If he used an 
inner court it would have to be lo by 20 feet; and 
if he used an outer court it would have to be 10 feet 
wide and could be any length he desired up to 40 
feet; bexond that point it would have to increase in 
width proportionately. 

Applying these standards to the extreme case of a 
sky-scraper hotel, 150 feet 'in height, it is evident that 
the courts would have to be 50 feet wide. While this 
may seem a great deal of open space to leave, it is 
not any too much to secure adequate light and venti- 
lation in a building of such great height. It is sig- 
nificant that this is the amount that the Federal 
Government Standards require to be left for private 
dwellings only 2J/2 stories high. 

If the requirement that the width of the court shall 
be not less than ONE THIRD of its height seems too 
high a standard in any given community, and ONE 
FOURTH seems too little and not adequate, it is 
suggested that the ratio be expressed by decimals, as 
for example three tenths. 

It should be noted that the minimum width equal 
to one third of the height of the court applies through- 
out not only the entire width of the court, but also 
throughout its entire height. So that it will not be 
possible, as some ingenious architects may urge, to 
so construe the law as to permit the erection of a 
three story apartrnent house with an inner court but 
-^14 feet wide for the top 10 feet of height or upper 
story; 6% feet wide at the second story, and 10 feet 
wide at the lowest story. The court must be 10 feet 
wide throughout. 

Note 6: The requirement that ''the length of an 
inner court shall never be less than twice the mini- 
mum width prescribed by this section" is frequently 
not understood without analysis, especially in view 
of the requirement which immediately follows it and 
which seems to be a contradiction of it. Both require- 
ments are accurately expressed and mean what they 
sa\'. The requirement above quoted is made neces- 
sar\' to insure an inner court of adequate size. In- 
stead of attempting to fix arbitraril\' the length of an 
inner court a scientific principle has been evolved by 
which the second horizontal dimension of an inner 

117 



A MODEL HOUSING LAW §25 

court shall always be equal to twice the minimum 
width prescribed in the law. Thus an inner court, 
which the law requires to be lo feet wide, may not 
be less than 20 feet in length. The reason for this is 
that without this requirement neither sufificient light 
nor proper ventilation can be assured in this type of 
court where all the light and air that come in must 
come in over the top of the court, it should be noted 
that this provision does not require the length of the 
court to be twice the width, but merely twice the 
minimum prescribed by the law. They are very 
different things. To illustrate: In the case of a 
three-story dwelling the law requires a court to be 10 
feet wide. It is conceivable that an owner might 
prefer to have his court 12 feet wide; in other words, 
build better than the law requires. It would be ob- 
viously unfair in such case to penalize him and require 
him to have his court 24 feet long (twice its width), 
whereas his neighbor might build an inner court 10 
feet wide and 20 feet long and have it entirely legal. 

Note 7: A similar misunderstanding exists with 
regard to the provision "The length of a court, except 
in the case of a side yard, shall never be greater than 
four times its width.'' This seems to be a direct con- 
tradiction of the previous provision and to a per- 
son not familiar with the conditions, unreasonable. 
Courts become objectionable when they are long and 
narrow. The sunlight which streams in at the end 
or over the roof will not under such circumstances 
reach all portions of the court. The further away a 
room is from the outer end of a court the less desir- 
able it becomes. It is for the purpose of preventing 
the use of narrow courts of undue length that this 
provision has been formulated. It furnishes an auto- 
matic means of regulating this evil. 

Note 8: The requirement that the width of the 
court shall be measured to the lot line and not to an 
opposite building, while not legall)' necessary in view 
of the definition of a court as contained in Sub-division 
7 of Section 2, is here stated in the way that it is stated 
in order to make this subject so plain that no one can 
either misunderstand it or present arguments to the 
enforcing officials to be permitted to light or ventilate 
any portion of their dwelling from the adjoining 
premises. This puts an end to the evils of " borrowed 

118 



§26 LIGHT AND VENTILATION 

light." In this connection see the discussion under 
Section 2, Sub-division 6, Note i. 

Note 9: Sometimes permission is desired to leave 
on the premises on which the dwelling is to be erected 
passagewa\'s of a smaller width than the minimum 
dimensions laid down in the law for yards or courts; 
claim being made that such spaces are additional to 
those required by law and that therefore it ought not 
to be necessarx' to make them so large, inasmuch as 
the rooms and other parts of the building all open 
directly upon courts of legal size and that if any win- 
dows open on these narrower spaces they will be sup- 
plementary to the windows required by law. This is 
plausible but it is dangerous to permit it. Such spaces 
create unsanitary conditions. They are bound to 
result in dampness and invariably become gathering 
places for waste material; if supplementary windows 
open upon them it is likely that ultimately when it 
is proposed to alter the dwelling additional rooms will 
be created which will get their sole light and ventila- 
tion from these spaces. The only safe course of 
procedure is to require all open spaces to be of an 
adequate size. 

§ 26. Courts Open at Top. No court of a dwelling 
hereafter erected shall be covered^ by a roof or sk\iight. 
Every such court shall be at every point open from the 
ground to the sky unobstructed.- Except that in the case 
of hotels hereafter erected, as defined in paragraph four of 
section two, courts may start at the fioor level of the low- 
est bed-room story. No court under any circumstances 
shall extend down so as to be less in size in any part than 
the minimum sizes prescribed in section twenty-five.^ 

Note i : It is obvious that a court which is relied Explana- 
upon to furnish ventilation will be worthless if cov- tion 
ered over at the top with a skylight or glass awning, 
and >'et this kind of court was in use considerablv 
some years ago and is still used in some European 
cities. It is, however, antiquated and should not 
be permitted. A court should be open to the sk>'. 
Little enough air will be provided at the best. Noth- 
ing that obstructs it should be tolerated. The re- 
quirement that the court shall not be obstructed pro- 
119 



A MODEL HOUSING LAW § 26 

hibits the placing of fire-escape or other balconies in 
courts, thus encroaching upon the minimum space 
permitted. 

Note 2 : In connection with the discussion of Yards 
(Note 4, Section 22), the desire of certain interests to 
build over portions of the yard and courts on the 
ground floor and the propriety of this under certain 
limitations have been fully discussed. If it is de- 
termined to be wise to permit this and to adopt 
Concession i suggested in connection with Section 
22, then the following similar concession should be 
adopted for Section 26. After the words " lowest bed- 
room story/' end of the section, add the following: 



Concession Concession: "and in the case of other multiple- 

dwellings where there are stores or shops on the entrance 
story, courts may start at the top of such entrance story.'' 

Explana- Note 3 : It should be observed that this permits in 

tion the case of hotels the building over of the courts on all 

the stories below the first bedroom story; that is," 
stories in which the public rooms of the hotel are 
located, but this permission does not in any way in- 
clude the right to have rooms on such stories which 
do not have windows opening directly to the outer 
air; here the provisions of Section 31 will govern. 

Similarly in the case of apartment houses and other 
multiple dwellings where there are stores or shops on 
the entrance story, the courts may start at the top of 
such entrance story. It should be carefully noted 
that in both of these cases the entire court must go 
down to the bottom, wherever that bottom is located. 
It will not be possible, for instance, to stop a portion 
of the court in the case of a hotel at the third story and 
then extend down the rest of the court to the first 
story, unless the court is at such point the minimum 
dimensions prescribed in Section 25. In other words, 
there is no prohibition against stopping a portion of 
the court at the third story and extending the rest 
down for two more stories to the ground floor, pro- 
vided the court for those two lower stories is the full 
size that is required as a minimum in Section 25. To 
do this, however, would mean that the court above 
the third story would have to be of a larger size than 
120 



§27 



LIGHT AND VENTILATION 



the minimum required by the law. Figures lO and 
17 illustrate this. Figure 16 shows what is not per- 
mitted with the court extended down less than the 



G STOR.Y 



^STORY 



A Story ♦-larr 



32>T2>RY 



Court 



? Story 



->3 



I STORY 



Unlawful 

Figure 16 

A Court Carried Down Unlawfully 

minimum size. Figure 17 shows what is permitted 
with the court extended down the legal size. Both 
diagrams are "sections through." 

Transv E Rsc Section 





G"g>TDRy 


COORT 








5 5TO«eY 








>4- Story 








3STDRY 








f §Tt3KY 






1 2>TORY 





Lawfvl 

Figure 17 
A Lawful Court 



§27. Air-Intakes.^ In all dwellings hereafter erected 
every inner court shall be provided with two- or more hori- 
zontal air-intakes at the bottom.^ One such intake shall 
always communicate directly with the street or front )ard 
and one with the rear yard, and each shall consist of a pas- 
sageway^ not less than three feet wide and seven feet high 
which shall be left open, or be provided with an open gate 
at each end. 

121 



A MODEL HOUSING LAW 



§27 



Explana- Note i : The purpose of this requirement is to pro- 

tion ^^^^ ^ means of renewing the air in inner courts. Air 

currents are generally horizontal; without these in- 
takes or tunnels the air in an inner court is pretty sure 
to be stagnant most of the time except at the top story. 
With this provision, however, excellent ventilation 
is furnished; that is, as good ventilation as can be 
obtained through the use of courts. This system has 
been in vogue for some years in several cities and has 
given great satisfaction. A strong current of air is gen- 
erally to be found circulating through the court. It is, 
of course, essential that the tunnel should always be 
kept open and that the occupants of the house should 



ISEAR YARP 




REAR YARD 




Street 

Figure 18 
Intakes 



not be allowed to obstruct the free passage of air by using 
the tunnels as storage places or by closing them up 
at the ends with solid doors, both of which experiences 
have been had in cities where the intake is used. The 
tunnels are not expensive; generally one of the side 
walls of the building acts as one of the walls of the tun- 
nel, and all that it is necessary to build is the opposite 
wall, which can be a partition. It is better to build 
it substantially in order to minimize the fire danger. 
The tunnels are also an excellent means of exit from 
the yard to the street in case of fire and in the case of 
apartment houses afford a convenient delivery en- 
trance for tradesmen. The above diagram illus- 
trates the arrangement of the intake. 
122 



§27 LIGHT AND VENTILATION 

Note 2: Certain interests will seek to omit the 
intake entirely or to limit the requirement for an in- 
take to inner courts "which extend through, more 
than one story" or even "through more than two 
stories." To permit such methods of construction is 
a serious mistake. No inner court should be permitted 
without an intake. If, unwisely it is permitted, then 
the whole scheme for treating inner and outer courts 
on the same basis will have to be revised, and inner 
courts will have to be twice the minimum width laid 
down in Section 25. 

In some cities there will be a good deal of opposi- 
tion to this requirement with reference to the in- 
take leading to the street, especially where it is de- 
sired to use the ground floor of the building for stores 
or shops. In such cases objection will be made to 
giving up the space necessary for the intake, on the 
ground that it will interfere with the proper size and 
shape of store desired. This is true. Objection will 
also be made to taking the intake through the cellar 
in such cases, because of the extra expense involved 
in carrying the court down to the cellar level and the 
necessity of providing an areaway and grating at the 
front of the building. If it is desired to meet these 
objections, the best way is to require but one intake. 
In such case the following concession is suggested. 
Substitute the following: 

Concession: "§27. Air-Intakes. In all dwellings Concession 
hereafter erected every inner court shall be provided with 
one or more horizontal air-intakes at the bottom. One such 
intake shall always communicate directly with the street 
or front \ard or rear yard and shall consist of a passageway 
not less than three feet wide and seven feet high which 
shall be left open, or be provided with an open gate at 
each end." 

Note 3 : It should be noted that the law is silent as 
to whether the intake or tunnel should be begun at the 
level of the entrance story or at the cellar or even at 
the second story. This is deliberate and great lati- 
tude in this regard is given to the owner. The re- 
quirements of the law are satisfied and the purposes 
of the section are secured if the tunnel is left at the 
123 



A MODEL HOUSING LAW 



28 



bottom of the court, wherever that bottom may hap- 
pen to be. If the court extends down to the ground, 
as is contemplated by this law, then the tunnel would 
start either at the ground level or in the cellar. 

Note 4: Permission may be asked to use a metal 
dilct instead of the open passageway. This should 
not be granted as experience shows such ducts to be 
unsatisfactory. They do not allow sufficient move- 
ment of the air, as they often run with turns and angles 
in them. Cats crawl into them and commit nuisances, 
and they become generally objectionable. The tunnel 
is the only thing that is adequate. 

§ 28. Angles in Courts. Nothing contained in the 
foregoing sections concerning courts shall be construed as 
preventing the cutting off of the corners^ of said courts, 
provided that the running length of the wall across the 
angle of such corner does not exceed seven feet.^ 




Streff 
LAWFUL 

Figure 19 




3TREET 

UNLAWFUL 
Figure 20 



Explana- 
tion 



Note i : The purpose of this section is to permit 
the cutting off of the corner of a court so as to secure 
a window at an angle, thus obtaining better light, as 
illustrated in Figure 19. 

Note 2: The limitation of 7 feet in length of the 
portion of the wall thus set at an angle is necessary as 
otherwise evasion of the requirement establishing the 
minimum width of the court will be possible; in- 
genious architects will be quick to seize this loophole 
124 



§ 29 LIGHT AND VENTILATION 

and plan a court as shown in Figure 20, so as to make 
the wall running at an angle practicall)' coincide with 
the entire length of the court, thus materiall>' reducing 
the width desired. 

§29. Buildings on Same Lot With a Dwelling.^ If 
any building is hereafter placed on the same lot with a 
dwelling there shall always be maintained between the said 
buildings an open unoccupied space extending upwards 
from the ground and extending across the entire width of 
the lot. If such buildings are placed at the side of each 
other the space between them- shall conform to the pro- 
visions of section twenty-four relating to side yards. If 
such buildings are placed one at the rear of the other, the 
space between them shall be the same as that prescribed 
in sections twenty-two and twenty-three for rear yards- 
In all cases the height of the highest building on the lot 
shall regulate the dimensions. No building^-'' of any kind 
shall be hereafter placed upon the same lot with a dwelling 
so as to decrease the minimum size of courts or yards as 
hereinbefore prescribed, except one-story private garages 
or stables as provided in the next section. If any dwelling 
is hereafter erected upon any lot upon which there is already 
another building, it shall comply with the provisions of 
this act, and in addition the space between the said build- 
ing and the said dwelling shall be of such size and arranged 
in such manner as is prescribed in this section, the height of 
the highest building on the lot to regulate the dimensions. 

Note i : This section deals with the evils of lot Explana- 
overcrowding, caused by the erection of many build- ^[^^ 
ings upon the same lot. In some cities where deep 
lots prevail as many as three or four separate build- 
ings are sometimes found upon the same lot. In 
some cases all these separate buildings are used for 
dwelling purposes, often as tenements. The evils of 
the rear tenement have been so often rehearsed that 
they need not be repeated here. It is obvious that if 
several buildings are to be placed on the same lot the 
relation of each building to the other must be carefully 
considered and nothing must be permitted that would 
125 



A MODEL HOUSING LAW § 29 

jeopardize the maintenance of proper open spaces for 
all of the buildings. From an ideal point of view many 
people would wish to prohibit by law the erection of a 
building upon the rear of a lot upon which there is a 
dwelling in front, but reflection shows that this is not 
feasible. Where lots are deep and a system of alleys 
prevails the owner must necessarily have more than 
one building on his lot if he is to utilize his land to 
its full commercial development. Moreover, any ap- 
propriate scheme for the treatment of alleys and their 
elimination as sources of evil must contemplate the 
erection of dwellings fronting upon the alley. When 
we come to the consideration of private dwellings it is 
at once apparent that the owners of high-class pri- 
vate dwellings must be permitted to have garages, 
private stables, and similar buildings at the rear of 
their lot. This is the best place for them. 

Note 2: It appears, therefore, that several build- 
ings on the same lot are an inherent necessity in many 
cases. The important thing is to see that they are 
not constructed so as to become an evil. This sec- 
tion automatically prevents this by requiring in all 
such cases that the open space between buildings 
shall be of sufficient size. This is accomplished by 
appl}'ing to such open spaces the same requirements 
as are imposed for rear yards when one building is at 
the rear of the other; and for side yards when the 
buildings are at the side of each other. This is ob- 
viously the only way to treat the subject; the pres- 
ence or absence of a real or imaginar\' lot line should 
make no difference in the space required to furnish 
adequate light and ventilation. 

Note 3: In the earlier laws an attempt was made 
under this section to prohibit on the same lot with a 
dwelling "any building other than a dwelling.'' This 
was intended to stop the building of a factory on the 
rear of the lot where there was a dwelling on the front. 

A number of diificulties at once presented them- 
selves. It was found in practice that such a provision 
did a great deal more than was contemplated or de- 
sired. The first great difficult}' encountered was the 
garage. Such a provision prevented either a private 
garage or private stable at the rear of a private dwell- 
ing. This was obviousl\' an impossible situation. It 
also prevented the building of a little workshop at the 

126 



§29 LIGHT AND VENTILATION 

rear of the lot where a man interested in carpentry 
might employ himself as a means of recreation; it also 
prevented children's plaxhouses, some types of sum- 
mer houses or outdoor studios and so on. 

1 1 would also have prevented a very common change 
in occupanc\' which takes place in many neighbor- 
hoods, viz., the alteration of a dwelling on the front 
of the lot for store purposes, and the use of a dwelling 
on the rear for residence purposes. 

For all of these reasons, it seems best not to attempt 
to regulate these conditions through a Housing Law, 
but to leave their control to Zoning Regulations 
which will necessarily go into questions of Use of 
property in great detail and with reference to the 
peculiar conditions which exist in different parts of 
a cit\'. 

Note 4: Some cities and states have thought it 
wise to legislate against rear dwellings so as to pre- 
vent the chief evil of such structures, viz., their being 
shut awa\- from public observation without outlook 
on the street and often without access except through 
a front building. If this evil seems likely to develop 
in any communit\', the following Variation is sug- 
gested. Add at the end of this section the following: 

Variation i : " No dwelling shall hereafter be so erected 
or placed on a lot that it shall be left without at least one 
side thereof having a proper and adequate frontage upon 
the street on which the lot fronts. Nor shall any building 
other than a dwelling be placed upon the same lot with a 
dwelling so as to interfere with such adequate and proper 
street frontage of said dwelling." 

Note 3 : There are a number of considerations to be 
observed in connection with this subject. In the first 
place, it will not do to prohibit outright the erection of 
dwellings at the rear of the lot. If a man wants to 
set back his dwelling and leave a very large front vard, 
he certainl\- has a right to do so and ought to be free 
to do so. 

It will not do either to require, as some cities have, 
that a dwelling so placed "shall have at least one side 
thereof with an unoh struct ed frontage upon the street." 

Such a provision would prevent buildings located as 
shown in the diagram on the next page. 
127 



Variation 



A MODEL HOUSING LAW 



?29 



That is/ one building at the rear of the other with 
50 feet between the two (a more than adequate space) 
but the rear dwelHng for 5 feet of its length behind the 
front building. In such a case the rear dwelling would 
not have an "unobstructed frontage upon the street/' 



<§TREET 




Allhy 



Variation 



Figure 21 

Another point to bear in mind is in relation to alley 
dwellings. In some cities it may be necessary to per- 
mit dwellings fronting on alleys and without any other 
street frontage. In such case the provisions of Varia- 
tion I would prove embarrassing. The situation could 
be met, however, by adding at the end of the Varia- 
tion the following: 

Variation 2: "The provisions of this requirement for 
street frontage shall not apply to dwellings having an 
entrance and frontage upon a public alley." 

128 



§29 LIGHT AND VENTILATION 

Note 6: It should be noted that Variation i de- 
hberately refers to "adequate frontage upon the street 
on which the lot fronts." As under the provisions of 
Paragraph 21 of Section 2 (definitions) a pubHc alley 16- 
feet wideisa "street", it becomes necessary in this case 
to refer to "the street on which the \()i fronts." 

It should also be noted that this Variation provides 
not onl\- for the case of new dwellings erected at the 
rear of the lot, but also for cases " where some building 
other than a dwelling is placed on the same lot with a 
dwelling." An important consideration that must not 
be lost sight of is that this requirement (Variation i) 
would prohibit a dwelling for the chauffeur over the 
private garage at the rear, unless the garage were so 
located as to "have one side with a proper and ade- 
quate frontage upon the street." 

A garage with chauffeur's quarters in it located as 
in the following diagram would not be possible. 



^-r R EiEinr 




Ai-i-ev 



Figure 22 
129 



A MODEL HOUSING LAW § 3O 

Note 7: Difficulties sometimes arise with regard 
to the treatment of corner lots where it is desired to 
place one building fronting on one street, which of 
course will be directly behind the building fronting on 
the other street. This is inherently the same situation 
as two adjoining buildings on different lots with side 
yards between them, and the open space between the 
buildings should be treated as side yards and regulated 
in that way. This is done at once, automatically, if 
the owner, for purposes of the law and the record, di- 
vides his lot and treats it as two lots. Then each build- 
ing has relation to its own particular lot. This is an 
option which most owners will gladly seize, as it will 
impose upon them less onerous requirements than 
would be imposed if the open spaces required by Sec- 
tion 29 were made to apply to this class of cases. 

§ 30. Private Garages and Private Stables.^ A 
private garage or private stable may be built at the rear 
of a lot on which there is a dwelling at the front. In the 
case of private garages which do not exceed one story in 
height, the depth of the rear yard shall be measured to 
the middle line of the alley or to the rear lot line, as the 
case may be, as provided in section twenty-two, and such 
garage or stable if not over one story high may approach 
within ten feet of the rear wall of the dwelling or may be 
attached as an extension to the dwelling provided it does 
not obstruct light or ventilation in any way. In the case 
of garages over one- story high and in all other cases the 
rear yard shall be measured from the rear wall of the 
dwelling to the nearest wall of the building at the rear of 
the lot. 

No public garage or public stable may be erected on the 
same lot with a dwelling. No private garage or private 
stable on the same lot with a dwelling shall exceed two- 
stories in height. It may have living rooms therein for 
the use solely of the chauffeur or coachman or member of 
his family. If so occupied, the garage or stable in addi- 
tion to complying with the provisions of this act shall 
have an entrance from outside of the building without 
passing through the garage or stable. 

130 



§30 LIGHT AND VENTILATION 

Note i : The almost universal use of the automo- 
bile — among workingmen as well as among other 
classes — brings important changes in property sub- 
division and in the use of property. It is no longer 
safe to plan an Industrial j-lousing Development that 
does not provide a garage, or a place for one, with 
each workingman's dwelling. Up-to-date housing 
laws consequentl}', must give this matter careful 
consideration. 

For these reasons, the above provisions have been 
formulated. They have been framed, as will be noted, 
with great liberalitv. They allow one story private 
garages to approach within lo feet of the rear wall of 
the dwelling and allow such garages to occupy the 
space required to be left open as rear yard space in 
Section 23. To illustrate: Let us take the case of a 
3-story dwelling on a lot 100 feet deep. Let us assume 
the owner desires to set back his house 25 feet from 
the front line; under the provisions of Section 23 he 
would have to leave a rear yard of 20% of 75 feet 
(the depth of lot less the set-back) or 15 feet. This, 
however, can be measured to the middle line of his 
16-foot alley. He would have to leave therefore a rear 
yard of only 7 feet on his lot. He could accordingly 
have a garage 20 feet deep at the rear of the lot — 
leave a lo-foot rear yard between it and the house, 
and have a dwelling 45 feet deep. While this seems 
at first to be an inadequate back yard, it is not so in 
realitw For, the rear rooms of the dwelling will open 
upon an open space of 46 feet (lo-foot back yard, 
plus over the top of the 20-foot one-story garage, 
plus 16-foot alley) and in all probability of 76 feet 
if his neighbor at the rear develops his property in a 
similar way. 

Note 2: Obviously, these privileges should not be 
granted to garages over one story high; for, buildings 
higher than that at the rear of the lot would unduly 
interfere with adequate light and ventilation of the 
dwelling on the front. 

There are a few cases, however, where a person of 
means will want to have living accommodations over 
the garage for his chauffeur and for the chauffeur's 
family. This ought to be possible. It is accordingl\' 
provided for. In such a case, however, the required 
back yard cannot be measured to the middle line of 

131 



A MODEL HOUSING LAW §31 

the alley but must be left between the two buildings. 
In the case cited under Note i, the only difference 
that there would be if the garage were a 2-story one, 
would be that the space between the rear of the dwell- 
ing and the garage would have to be 15 feet instead 
of 10 feet. It is apparent that this also is most liberal 
treatment. 

§31. Rooms, Lighting AND Ventilation OF. 1 In every 
dwelling hereafter erected every^ room^ shall have at least 
one window, and preferably two windows,^ opening directly 
upon the street, or upon a yard or court of the dimensions 
specified in this article and located on the same lot, and 
such window shall be so located^ as to properly light all 
portions of such rooms. Ample provision for through or 
cross-ventilation^ so as to insure free movement of the air 
shall be provided in each room by means of transoms, doors, 
or windows. The provisions of this section shall not, how- 
ever, apply to rooms used as art galleries, ^ swimming pools, 
gymnasiums, squash courts or for similar purposes, pro- 
vided such rooms are adequately lighted and ventilated by 
ventilating skylights in the roof thereof. 

p , Note i : This section taken with the sections regu- 

li/xplana- lating the size of open spaces is the keystone of the 

^^^ arch of the law. It is obvious that we should permit 

no dark rooms to be built in future dwellings. Es- 
pecial note should be taken of the phrase that the 
open space is to be of the dimensions specified in this 
article and also that it is to be located on the same lot. 
Note 2: No room in which people live, not merely 
one in which they sleep, should be dependent for its 
sole light and ventilation upon a ventilating skylight. 
Human beings need more than light and air. They 
must have outlook. Rooms of the type described 
are little better than prison cells, and yet notwith- 
standing these considerations architects will be found 
who wish to construct rooms of this type for servants. 
It should not be permitted. In the case of private 
dwellings there are types of rooms such as have been 
enumerated in the last sentence of this section; 
namely, art galleries, swimming pools, squash courts, 
etc., where the requirement for a window might in- 
132 



§31 LIGHT AND VENTILATION 

terfere with the priman' purpose of the room. This 
would certainl\' be the case with art galleries. It will 
do no harm, therefore, to permit roof lighting and ven- 
tilation in lieu of windows in such cases. 

Note 3: The question will be raised as to whether 
this provision applies to pantries and clothes closets. 
Neither of these is a room, and the law is not intended 
to require windows in clothes closets. They would 
be objectionable there. A window in a butler's pan- 
try is very desirable but it is not alwaxs practicable 
to provide it and such a provision in the law would 
materially complicate the planning in many cases. 
It is not advisable, however, to put into this section 
a specific exception stating that windows are not re- 
quired in butler's pantries and clothes closets, as it 
might have the effect of suggesting to some of the un- 
scrupulous architects who plan multiple dwellings a 
method of evading the requirements with regard to 
lighting of rooms by marking the rooms "closets" and 
"pantries" for purposes of getting the plans passed 
and then after the dwelling is erected, building dark 
bedrooms. It can safely be left to the enforcing offi- 
cials to distinguish between the bona fide pantry or 
clothes closet and the "fake" one. 

Note 4: This is a new advance. No housing laws 
heretofore enacted have required more than one win- 
dow in a room. In most cases it is just as easy to 
provide two windows as one. They are very much 
needed for both light and ventilation. While the law 
as worded does not outlaw a plan with only one win- 
dow in a room, it "suggests" two. This will enable 
the enforcing officials to require two windows in cases 
where it is feasible. 

Note 5: The requirement that the windows "shall 
be so located as to properly light all portions of such 
rooms" has been found necessary in some cities, 
especially in the case of multiple dwellings where a 
room is located with a window at the extreme corner 
of it opening on some court with the result that there 
are portions of the room which are too far removed 
from the light and are dim and shadowy. This re- 
quirement enables the enforcing officials to refuse to 
approve the plans where such conditions exist. (See 
Figure 23, next page.) 

Note 6: This also is a new advance. In recent 

•33 



A MODEL HOUSING LAW 



§31 



years the science of ventilation has undergone radical 
and revolutionary changes. As a result of careful 
scientific study and experimentation we have come to 
learn that "cubic air content'' is of relatively little 




Rear Yard 




Street „ „ Street 

e>AD LIQHTIN^ OF ROOM A ONE WAY OP REMEPYIf^q IT 

Figure 23 



moment, and that the important things are the reduc- 
tion of high temperature, the avoidance of too much 
moisture and especially free movement of the air. 
The opportunity for "through" or cross-ventilation, 
therefore, becomes of vital consequence. It is re- 
markable the difference a transom over a bed room 
door will make in the livableness of the room. The 
best way to secure "through" ventilation of course 
is to have windows in opposite or adjacent sides of a 
room. This, however, is not always possible, espe- 
cially in the case of multiple dwellings. Where this 
is not possible, very good results are obtained by pro- 
viding communicating doors between adjacent rooms, 
when such doors are strategically located. 

Note 7: It should be noted that the provisions of 
this section will fully safeguard conditions where it is 
permitted to cover over yards or courts, or a portion 
of them, on the ground floor. Nothing in such per- 
mission would give the right to construct rooms on 
the ground floor which do not have windows opening 
on an open space of lawful size. 

Note 8: In some cities where owing to high land 
values the necessity for concentrated housing exists, 
types of multiple dwellings have been evolved in 

134 



§32 LIGHT AND VENTILATION 

which there are on each floor one or several so-called 
"interior apartments," which have all their rooms 
opening either on a court or on the side yard. It is 
believed by some that it is bad for people to live in 
such homes, without outlook on either street or rear 
yard. Certainly such apartments cannot have as 
adequate ventilation as those on the street or \ard. 
if it is desired to prohibit these inside flats, the follow- 
ing variation is suggested. Add at the end the fol- 
lowing: 

Variation: "In multiple-dwellings of Class A here- Variation 
after erected there shall be no apartment, suite or group 
of rooms which does not contain at least one room open- 
ing directly upon the street or rear >'ard." 

§ 32. Windows in Rooms. ^ in every dwelling hereafter 
erected the total window area in each room^ shall be at 
least ONE SEVENTH of the superficial floor area of the 
room, and the whole window shall be made so as to open in 
all its parts. ^ Such window area shall be of windows open- 
ing directly upon the street, or upon a yard or court of the 
dimensions specified in this article. At least one such 
window shall be not less than twelve square feet^ in area 
between the stop-beads. In multiple-dwellings hereafter 
erected the top of at least one window shall be not less 
than seven feet six inches above the floor. 

Note i : This is an attempt to assure sufficient light £,.r)iana- 
and ventilation in all rooms. It will operate only in y A^ 
the case of very large rooms or where an attempt might 
be made to evade the law by constructing a long room 
and later subdividing it. In this event more ample 
window space should be provided. It will be seen 
at a glance that there is nothing in this section that 
can be deemed a hardship by anyone. In the case 
of a bed room of 90 square feet the window would 
have to be a little over 12 square feet in area, which is 
about the usual size. That would give a window 2}^ 
feet wide and 5 feet high. 

Note 2: The provisions of this section are not in- 
tended to apply to bath rooms and water-closet com- 
partments. That subject is treated under Section 37. 

135 



A MODEL HOUSING LAW § 33 

Note 3: The phrase "in all its parts" means that 
the whole window shall open. If the window is a 
"double-hung" sash, both halves must open fully. 
If the window is a casement window or hinged sash, 
the whole window will naturally open. Similarly, 
if it is a pivoted sash. 

Note 4: The establishing of 12 square feet as a 
standard does not mean that a room cannot have 
windows less in size than this but that there must be 
at least one window of that size in a room. This 
would permit such further ornamental treatment as 
may be desired with oval or fan-shaped windows or 
windows of irregular size, for architectural eflfect. 

§33. Rooms, Size of.^ In every dwelling hereafter 
erected all rooms, except water-closet compartments and 
bath rooms, shall be of the following minimum sizes: 
Every room shall contain at least NINETY square feet 
of floor area; no room shall be in any part less than 
SEVEN feet wide.^ Except that kitchenettes^ and cells^ of 
jails may contain but fifty square feet of floor area, and be 
not less than five feet wide. In multiple-dwellings of 
Class A in each apartment, group or suite of rooms there 
shall be at least one room containing not less than ONE 
HUNDRED AND FIFTY square feet of floor area.^ 

-p I j.„_ Note I : Just as it has been found necessary to regu- 

. . P late the minimum dimensions of open spaces to fur- 

nish light and ventilation, so it has been found equally 
necessary to establish the minimum dimensions of 
rooms, as it has happened that unscrupulous specu- 
lative builders, especially in the case of tenement 
houses, and in many cities also in the case of apart- 
ment houses, have built rooms extremely small in 
order to pack people in as closely as possible and thus 
increase profits. The tendency has been especially 
manifest in the case of servants' rooms in high-class 
apartment houses, the theory having apparently been 
that servants are not human. The standard of 90 
square feet as the irreducible minimum for all rooms, 
whether bed rooms or any other kind, seems reason- 
able. Outside of such cities as New York no objection 
should be raised to this standard. In fact, it will be 
found that most dwellings that have been erected in 
136 



33 LIGHT AND VENTILATION 

recent years have rooms considerably larger than this. 
There will be one or two individuals, however, who 
think this standard too high. It is misleading to con- 
sider this question without a full realization of what a 
room ()0 square feet in area is like to live in, because in 
man\' multiple dwellings the individual bedrooms are 
really the living rooms of the persons who sleep in 
them. It is especially so in tenements where as a 
rule more than one person sleeps in each bedroom — 
sometimes several people. A room 90 square feet 
will seem a pretty good sized room on a plan, but the 
room assumes less desirability when considered, as it 
must be, with the various articles of furniture in it 
which are usually found there. Even a room 90 
square feet in area after a clothes closet or wardrobe 
has been built into it, thus taking 6 square feet of the 




Figure 24 
Room With Furniture In It 



floor area awa\', seems less commodious when a double 
bed, a bureau, a wash-stand, a chair, a small table, 
and a trunk are placed in the room. 

Note 2: It would seem that it should be unneces- 
sary to impose a minimum width of room, but experi- 
ence in several cities has shown that many architects 
and builders have been willing to build rooms of the 
most outrageous t\'pe — rooms that look more like 
long corridors or sleeping-car effects than like living 
rooms. These have been- chiefly in tenement houses 
or servants' rooms in apartment houses. In order to 
prevent this it has become necessary to establish a 
minimum beyond w^hich they shall not go. Seven 
feet is little enough. 

Note 3 : The " kitchenette" apartment house is not 
a desirable t\'pe of dwelling to encourage. From a 
social and civic point of view it is bad for a community 

•37 



A MODEL HOUSING LAW 



§33 



to have many buildings of this type; for, it makes it 
too easy for young married people to avoid the respon- 
sibilities of family life, and thus indirectly discourages 
having children. Such buildings are quite unsuitable 
for families in which there are children. 

The type fills, however, a legitimate need in the 
case of single women and men and older people whose 
families have grown up. Kjew such buildings do no 
harm but they should be discouraged as a general 
type of development. In order to permit the kind 
of "light housekeeping" that is a feature of buildings 
of this class, it is necessary to permit in them " kitchen- 
ettes" of small size. Fifty square feet with a mini- 
mum width of five feet is quite as small as should be 




Figure 25 
Narrow Servant's-Room 



permitted, and as small as any legitimate interests will 
desire. 

Note 4: While it is desirable to afford prisoners 
confined in institutions all the essentials, of life, and 
especially adequate light and air, it is obvious that it 
is neither necessary nor desirable to require cells in 
future penal institutions to be 90 square feet in 
area. This would add unduly to the cost of such 
institutions and is quite unnecessary for one-man cells. 

Note 5 : The requirement that in the case of apart- 
ment houses, flats and tenement houses there shall be 
in each apartment one room containing 1 50 square 
feet of floor area is for the purpose of insuring one liv- 
ing room of a reasonable size to permit proper family 
life. The law does not attempt to say which room this 
shall be. That is left to the architect and owner. 
The room may be the parlor or again it may be the 
dining room or kitchen. In the case of tenements it is 
of course obvious that it is unreasonable to require 

138 



§34 LIGHT AND VENTILATION 

each flat to have either parlor or dining room. The 
ordinary tenement has neither. It is all the more im- 
portant, therefore, in that class of buildings to have 
the kitchen or living room a reasonable size. 

§ 34. Rooms, Height of. No room in a private-dwell- 
ing or two-family dwelling hereafter erected shall be in any 
part less than EIGHT^ feet high from the finished floor to 
the finished ceiling. Except that an attic^ room in such 
private-dwelling or two-family dwelling need be but 
EIGHT feet high in but one half its area, but at no point 
less than SIX feet in height; where, however, such attic 
room contains a fioor area of one hundred square feet 
or more^ it shall be not Tess than SEVEN FEET SIX 
INCHES high in one half its area, and at no point less 
than FIVE feet in height. No room in a multiple-dwell- 
ing^ hereafter erected shall be in any part less than nine 
feet high from the finished fioor to the finished ceiling. 

Note i : With the increased cost of building which Explana- 
has become so serious a factor in creating a housing i[q^ 
shortage throughout the country, especially since the 
War, it has become increasingly important to reduce 
the cost of the workingman's dwelling in every way 
practicable, without unduly sacrificing essential re- 
quirements of safety or sanitation. 

No simpler or more eff'ective way of doing this exists 
than by reducing the cubage of the building; and the 
easiest way of doing this is by reducing height. More- 
over, the fashion of building in many parts of the coun- 
try — a consideration which cannot wisely be ignored 
— is for buildings of lower height. For these reasons it 
seems wise to permit private dwellings and two-family 
dwellings to be built with rooms only 8 feet high. This, 
however, is the irreducible minimum. The rooms would 
be more livable and healthier; for, they will be cooler 
in summer and will have more and better air and the 
air will move more freely, if the rooms are higher — 
either 8 feet 6 inches or 9 feet in height. In tropical 
.countries the high ceiling is essential. Where a ceil- 
ing of such height can be obtained without going 
counter to the well-established practice of a commun- 
ity or without arousing too great opposition from 
139 



J 



A MODEL HOUSING LAW § 34 

builders and building interests, it is wise to follow the 
higher standard. Some architects will seek even lower 
standards than those in this section and will want to 
be allowed to build rooms even as low as 7 feet and 7 
feet 6 inches in height. This ought not to be per- 
mitted under any circumstances. Eight feet is the 
irreducible minimum. 

Note 2: The question will arise as to attic rooms 
and in many communities it will be strongly desired 
to permit the erection and use of attic rooms which 
have not the required height. Attic rooms are seri- 
ously objectionable and entirely unnecessary in mul- 
tiple dwellings of any kind. They certainly need 
not be permitted in such buildings. When it comes 
to private dwellings however, the case is different. Un- 
less all private dwellings are to be flat-roofed buildings 
the attic room becomes a necessity. If not permitted 
the peaked and gabled roof types of buildings would 
disappear. As the majority of private-dwellings 
throughout the country are of this type, any housing 
law that claims to be practical must take this consider- 
ation into account. 

All that we need to do is to make sure that no attic 
room of undesirable type shall be built. That means 
that we must insure an adequate height throughout the 
living portions of the room to insure proper ventilation 
and reasonable comfort in use. The room must not be 
so low in any part which is to be used, that people can- 
not move freely around in it without bumping their 
heads, nor must the bed be set up close under the eaves 
so that the head of it is too close to or touches the 
ceiling or rafters. A suificient supply of air cannot be 
afforded the sleeper under such conditions. 

These conditions are obviated by the requirement 
that an attic room shall not be less than 6 feet in height 
at any point. 

Note 3: Where, as often happens, an attic room is 
made much larger than the minimum sizes laid down 
in the Model Law, so that practically a room of the 
minimum size is provided of the full height required by 
the law, it is apparent that it is only reasonable to 
allow what may be termed the additional room space 
voluntarily left to be of a less height. There are limits, 
however, to which this privilege may wisely be ex- 
tended. It has been sought in this section to safeguard 

140 




§35 LIGHT AND VENTILATION 

these conditions while at the same time granting every 
privilege which should be granted. 

Note 4: There is no legitimate reason for rooms of 
low height in multiple dwellings. In tenements 
especiall\', high rooms are essential. In many of these 
occupied by the more ignorant alien groups, where 
habits of keeping windows open have not yet been 
acquired, and where as a rule many people occupy a 
very limited space, and where the practice of taking in 
lodgers or roomers so often prevails, rooms with a 
greater ceiling height are an absolute necessity. In 
other classes of multiple dwellings, apartment houses, 
hotels, etc., rooms 9 feet in height will be found to be 
very advantageous. The necessity for reducing cost 
b\' reducing the total height of the building is not so 
controlling here; for, there is a sufficient margin of 
profit not to make this reduction in cost a matter of 
much moment. As a matter of fact, all hotels and 
most apartment houses would have 9-foot ceilings or 
higher ones, were there no law on the subject. 

§35. Alcoves AND Alcove Rooms. ^ In a dwelling here- 
after erected an alcove in any room shall be separately 
lighted and ventilated- as provided for rooms in the fore- 
going sections. Such alcove shall be not less than N I N ET Y 
square feet in area.^ No part of any room in a dwelling 
hereafter erected shall be enclosed or subdivided^ at any 
time, wholly or in part, by a curtain, portiere, fixed or 
movable partition or other contrivance or device, unless 
such part of the room so enclosed or subdivided shall con- 
tain a separate window as herein required and shall have 
a floor area of not less than N 1 N ET Y square feet. 

Note i : This is a vitally important section. Un- Explana 
less enacted as drawn, all of the provisions of the law tion 
which seek to secure adequate light and ventilation 
in rooms will go for naught because windowless rooms 
without light or outside ventilation will be constructed 
in large numbers in the guise of "alcoves." The his- 
tory of the experience of various cities on this point 
is instructive. In New York in 1901, in the desire 
to meet the views of architects building high-grade 
apartment houses, an attempt was made to permit 
alcoves and a provision was formulated by the then 
141 



A MODEL HOUSING LAW § 35 

Tenement House Commission seeking to do this and 
at the same time to safeguard the situation against 
the evils of dark rooms. It was provided that 
"where any room adjoins another room and has 80 
per centum or more of one entire side open to 
another room and there is no door between, it shall 
be considered as part of the said room. Under other 
circumstances every alcove shall be deemed a sepa- 
rate room for all purposes within the meaning of this 
act." 

Immediately the speculative builders building cheap 
tenement houses took advantage of this provision to 
break down the requirements prohibiting dark and un- 
ventilated rooms. Plans were filed for new tenement 
houses showing one room in an apartment with win- 
dows opening directly to the outer air and then as 
many as three alcoves opening from each of the other 
three sides of it; each alcove complying strictly with 
this provision, having more than 80 per centum open 
to the outer room. The alcoves so constructed were 
to be used as bedrooms, adjoining the one light room. 
Thus at one step, the most serious evils of the type 
of tenement built forty years before were returned to. 
The law under such circumstances was manifestly 
impossible. It was at once amended at the earliest 
opportunity, but not before a few of these objection- 
able tenement houses had been built. The amended 
provision was more simple. It said ''alcove rooms 
must conform to all the requirements of other rooms.'' 
Even this amendment, which was thought to be clear- 
cut, definite and comprehensive did not turn out 
to be judge-proof! It would have seemed that un- 
der the terms of this provision it should not have 
been possible to evade the law and construct dark 
rooms in new tenements in the guise of ''alcoves," 
but it was attempted; the public authorities at once 
brought legal proceedings to restrain it, and then a 
Supreme Court judge handed down a decision in which 
he sustained the attempt at evasion, the chief ground 
of this decision being that an "alcove" was a differ- 
ent thing from an "alcove room" and that the law 
did not deal with alcoves but with alcove rooms. 
Nothing short, therefore, of the concise, definite, 
categoric, and comprehensive language used in Sec- 
tion 35 is adequate to deal with this question. Where 

142 



§35 LIGHT AND VENTILATION 

similar provisions have been enacted it has not been 
found possible to find loopholes in them. 

Note 2: The great objection to an alcove is that it 
is bound to be used as a separate room no matter to 
what extent it may adjoin another room nor how great 
an opening there is between them to permit light and 
air to enter. At best the room is sure to be too far 
away from the source of light and air and is sure to be 
shut off from the other room, if not b\' partitions then 
by curtains or portieres. This type of construction 
is in some respects worse than if a solid partition had 
been erected with nothing but a door in it and a to- 
tally dark room constructed, as the curtains or por- 
tieres are germ catchers and in the ordinary flat are 
seldom removed or cleaned. A permanent partition 
does not have these objectionable qualities. The 
chief objection, however, to this plan of construction 
is that it is sure to result in people sleeping or living in 
rooms that do not have adequate light and ventila- 
tion. 

Note 3: it should be carefully observed that noth- 
ing in this section prohibits the alcove treatment of 
rooms, which is often desired because of architectural 
effect. The architect is still free to utilize such treat- 
ment but with the important proviso that the alcove 
must have its own independent source of ventilation 
to the outer air and must not be less in size than 
the minimum size prescribed for rooms; namely, 90 
square feet. This is no hardship as long as an archi- 
tect knows in advance what he can do and what he 
cannot do and can adapt his plans accordingly. 

Note 4: That the fear of alcoves being improperly 
used and dark rooms being created is not a fanciful 
one, is shown by the experience of the city of Brooklyn 
during one of the periods alluded to in Note i, when 
for a >ear or more the builders in that city constructed 
what were known as "wardrobe flats." Their scheme 
to beat the law was simple and ingenious. A builder 
would file a plan showing a flat two rooms in depth, 
each room 1 1 feet wide by about 30 feet long. One 
room would be marked "parlor" and the other "kit- 
chen." In view of the wording of the law at that 
time, the public a^ithorities were forced to accept 
these plans— though they had their suspicions as to 
what was contemplated — as each one of the rooms 

•43 



A MODEL HOUSING LAW 



§35 



complied with the law, having windows to the outer 
air, one opening on the street, the other on the rear 
yard. What happened, however, was this: After the 
buildings were finished a wardrobe extending from 




Figure 26 



Figure 27 



"Wardrobe Flats 



the floor to the ceiling was erected half way down each 
of the rooms, in the rear room serving as the kitchen 
dresser and in the front room serving as a general 
clothes closet; these wardrobes extended entirely 
across the room in a direction parallel to the front and 
144 



§36 LIGHT AND VENTILATION 

rear walls of the building, leaving the usual space for 
a passage way, practically a door opening, at one side. 
By this simple device the builder had created four 
rooms out of two and had two dark bedroom^ in each 
flat. Fifty per cent of all the rooms were windowless 
and without either light or air, thus returning to the 
worst type of house that had been erected in that city 
and which had been outlawed some thirty years back. 
The houses were rented as "wardrobe flats." The 
tenants of course did not know what had happened. 
Finding the flats for rent and seeing a certificate from 
the cit\' department that the buildings complied with 
the law, as they did before these wardrobes were 
erected, they rented the apartments. So skilful did 
the builders become in this device that they even 
went one step further and hinged these wardrobes so 
that when the city inspector should come to inspect 
the apartment the wardrobes would be swung back 
against the kitchen or parlor wall as the case might 
be and thus be held to be a piece of movable furniture 
and not a permanent partition. The drawings on 
page 144 show clearly what was done. Figure 26 
shows the plan as filed and approved. Figure 27 
shows the changes that were made by the installa- 
tion of the wardrobes. 

Note 5 : Care should of course be taken in enforc- 
ing this section, that it should not be done in a tech- 
nical way, resulting in absurdities. Small recesses in 
rooms which are solely for architectural treatment, 
shallow in depth and not extending back from the 
wall more than a few inches, sometimes for the pur- 
pose of placing a piano, should of course be permitted. 
Common sense must be used in the enforcement of 
this section as well as in the whole law. The test is 
whether these slight recesses are susceptible of treat- 
ment as a separate room. If so, they should not be 
permitted. If the recess is very slight and cannot 
be used for a bed or couch or in any other way as a 
separate room it can do no harm to permit it. This 
is not a question that can be dealt with in the statute. 
It must be left to the intelligent interpretation of the 
law b\' the enforcing officials. 

§ 36. Privacy.^ In ever\' dwelling hereafter erected, 
access to ever\- living room and to every bedroom and to 

145 



A MODEL HOUSING LAW 



36 



at least one water-closet compartment shall be had with- 
out passing through a bedroom. "Passing through a 
bedroom" shall not, however, be construed as applying to 
access from a bedroom to an adjoining private bath room 
or communicating bath room.^ 



Explana- 
tion 



Note i : This does not mean that there must be a 
private hall provided for each apartment in multiple 
dwellings. It means that the rooms shall be so ar- 
ranged that access to the bedrooms and to at least one 
water-closet compartment shall be either through the 
kitchen, parlor, library, dining room, or private hall 
if there is one. Nor does it mean that where there 
are several bath rooms and water-closet compartments 
access to every one of these shall be had without pass- 
ing through a bedroom, but that there shall be at least 
one water-closet to which access may thus be had. 
This provision is made especially necessary in the case 
of tenement houses, because of the practice of tenants 
taking lodgers and boarders into their apartments." 

Note 2: This provision does not mean that a bed- 
room cannot adjoin a water-closet or bath room and 
have direct access to it. It simply means that people 
not utilizing that bedroom shall not have to pass 
through it to get to the water-closet. The following 
sketch shows what is meant. Access from bedroom 
No. I to the water-closet is lawful. Access from bed- 
room No. 2 through bedroom No. i is unlawful. 



PLAN 



PLAN 



CORRIDOR- 



■^ 



BED ^OOrA 






■*^ 



BFD ROOM 



^w^ 



STREET- 
HOTEL ROOMS 



Figure 28 
146 



BATHJ 
DiD>| 
ROO/ v\ 



KITCHEN 



PARLOR- 



ROOMS IN A FLAT 
UNLAWFUL 



§37 light and ventilation 

§ 37. Water-Closet Compartments and Bath 
Rooms, Lighting and Ventilation^ of. In every dwell- 
ing hereafter erected every water-closet compartment 
and bath room^ shall have at least one window opening 
directly- upon the street, or upon a yard or court of the 
dimensions specified in this article and located on the same 
lot. No such window shall be less in size than THREE^ 
square feet between stop-beads, and the aggregate area 
of windows for each water-closet compartment shall be not 
less than SIX square feet between stop-beads. Every 
such window shall be made so as to open in all its parts 
and shall be so located as to properly light the room in 
every part. Nothing in this section contained shall be con- 
strued so as to prohibit a general toilet room^ containing 
several water-closet compartments separated from each 
other by dwarf partitions, provided such toilet room is ade- 
quatel\- lighted and ventilated to the outer air as above pro- 
vided, and that such water-closets are supplemental to the 
water-closet accommodations required by the provisions 
of section forty-seven. If located immediately beneath a 
roof, a ventilating skylight^ open to the sky with an open- 
ing not less than six square feet in area in each water- 
closet compartment may be used in lieu of the windows 
above required. 

Note i : This is an important phase of house plan- Explana- 
ning concerning which many of our American archi- tion 
tects need to be educated. Many of them apparently 
do not realize the vital importance of light and es- 
peciall\- the germicidal effect of direct sunlight in 
water-closets, particularly in the homes of the poor. 
The importance of direct sunlight in water-closet com- 
partments in all classes of buildings cannot be over- 
stated. In tenement houses and single-family houses 
in which poor people dwell the greatest abuses are 
generally found in the dark water-closet. Conditions 
here are as a rule indescribable. It is because of this 
that most sanitar\' authorities have for \'ears pro- 
hibited cellar water-closets. Even in the home of the 
educated and well-to-do person direct sunlight is es- 
sential in the water-closet and bathroom. If there is 

147 



A MODEL HOUSING LAW §37 

sickness in the family here is the danger of contagion, 
especially in cases of tuberculosis, typhoid fever, and 
so on, as the slop emptyings will take place in the 
bath room. 

Note 2: Equally important is the ventilation of 
such rooms directly to the outer air. Apparently 
few architects as yet know of the recent discoveries 
with regard to the principles of ventilation, which 
have completely reversed much that had previously 
been held on this subject. The average architect, 
it would seem, has not heard of the two vital principles 
necessary to insure proper health; namely, the pre- 
vention of excessive temperature and constant move- 
ment of the air. The best means of renewing the air 
is by a window. The only satisfactory method of se- 
curing movement of air is also- by windows. No arti- 
ficial system of ventilation that has been devised is 
equally satisfactory even when well installed and care- 
fully managed and supervised. So far as tenement 
houses, flats and apartment houses are concerned, 
the building community has apparently become ac- 
customed to the requirement that water-closets in 
such buildings shall have direct means of ventilation 
to the outer air, but even here there are architects 
who would wish to construct water-closets entirely 
without such means, relying upon artificial light and 
artificial systems of ventilation. It will not do, how- 
ever, to permit any such sanitary starldards to be 
adopted. 

Note 3: This subject assumes especial significance 
in the case of the modern high-class hotel, in which 
practically every bedroom is provided with its private 
bathroom. A saving of space will undoubtedly re- 
sult and the building can be planned with much greater 
ease and will present fewer problems to the architect 
if he can construct his bathrooms away from the outer 
walls and without direct ventilation. As the result of 
such saving of space more rooms can be provided and 
larger profits secured for the investor. The question 
is, therefore, in such buildings an important economic 
one. But the disadvantages of such a method of con- 
struction from a sanitary point of view far outweigh 
the commercial advantages. What determines the 
decision in this matter is not whether the investor can 
secure increased profits by this method of construc- 

148 



3 



§37 LIGHT AND VENTILATION 

tion but whether the prohibition of the objectionable 
method of construction will have the effect of making 
it impossible to construct a building of this kind and 
have it commercial!}' profitable. No one claims this 
nor could such claim be effectively sustained. There 
have been too man\' modern hotels of the very highest 
class erected in recent years in our largest cities where 
each bedroom has its own private bathroom and 
where every bathroom has direct outside ventilation 
to make an>' such claim tenable for a moment. From 
a sanitary point of view it is especially important 
that bathrooms and water-closets in hotels should 
have direct outside ventilation. The hotel from the 
point of view of spreading disease is far more dan- 
gerous than any other class of building because of its 
transient occupanc)'. A guest occupies a room; the 
landlord does not know that the guest is suffering from 
tuberculosis; he may be careless with his sputum and 
deposit it on the floor of the bathroom. If the bath 
room is an "inside" room, there is no opportunity for 
the sunlight or air to get at the germs and kill them. 
Similarly with every communicable disease. The in- 
side bathroom is objectionable from another point of 
view, in that it means excessive heat and no movement 
of air; that is, it presents the two methods of bad 
ventilation which are considered by present-day ex- 
perts as representing the worst forms of the problem. 
No matter what s\stem of artificial ventilation is pro- 
vided, there is no adequate means of frequent re- 
newal of the air nor any means of reducing excessive 
heat, owing to the steam vapor that arises from the 
hot water supply when a hot bath is drawn. The 
room is apt to hold for a long time an excessive amount 
of moisture and high temperature, all of which have a 
debilitating and injurious effect upon the s\stem. In 
winter if the steam pipes run through such an inside 
bathroom it is practicall}' impossible to cool it and it 
becomes extremely uncomfortable for the occupant 
of the room who is compelled to use it. For all these 
reasons there should be no hesitation whatever in 
opposing any plea for permission to construct inside 
bath rooms or water-closets in future hotels. Archi- 
tects and owners of projected hotels will be most in- 
sistent in demanding the privilege of using "inside" 
bath rooms, claiming that artificial ventilation is 

149 



A MODEL HOUSING LAW § 37 

adequate and pointing to the vefy general practice of 
Qonstructing hotels in this manner in most of our 
cities. 

While it is true that many modern hotels have been 
constructed in this way, it is because there are larger 
profits to be had thereby. The method has until 
recently not been prohibited because no one has 
given any attention to the subject; nor, have housing 
laws until very recently applied to hotels, and archi- 
tects have accordingly been free to do as they pleased. 

One of the chief objections to any artificial system 
of ventilation is that, no matter how well it is planned, 
its success is dependent upon the degree of faithful- 
ness with which the fans are operated. The almost 
universal experience is to find the hotel management 
stopping the fans, in order to save power, coal and 
money. 

A ventilating system which doesn't ventilate is not 
of much use. And no artificial system will ventilate, 
if the fans aren't kept running. We know of no de- 
vice of legislation that will secure this result. Wher- 
ever an artificial system is installed, one is dependent 
on the good faith of the management to keep it run- 
ning. For, it would take an army of inspectors to 
enforce such a requirement. 

Even where an artificial system of ventilation venti- 
lates, it cannot provide either light or sunshine in the 
bath room. And both are essential. 

If, in the face of all that has been said as to the 
undesirableness of ''inside" bath rooms in hotels, it 
is desired as a matter of expediency to permit them, 
the following Concession is suggested. Add at the 
close of the section the following: 

Concession Concession: "The above provisions shall not apply 
to hotels hereafter erected, as defined in paragraph four of 
section two, which have a system of forced ventilation so 
constructed and operated as to entirely change the air in 
every bath room and water-closet compartment once in 
every seven minutes." 

No such concession should for a moment be con- 
sidered for anything but the modern high-class hotel. 
Some architects may want to adopt the same system 
in high-class apartment houses. This should not be 
150 



i 



§3- 



LIGHT AND VENTILATION 



tolerated. No city in America permits this, or has per- 
mitted it for 20 years or more. Even New \'ork with 
its excessive land occupation, its high land values, and 
its host of sk\-scrapers has never permitted it. There, 
even in apartment houses 150 feet high, where every 
bed room has its private bath room, bath rooms have 
to be "outside," or on the outer wall of the building. 
If this can be successfull)' required in New York, it is 
surely a standard that can be easily maintained in all 
other cities of America. 

Note 4: It should be noted that the minimum area 
of window space required is 6 square feet. The prac- 
tice heretofore has been to construct windows of 
bath rooms and water-closet compartments too small. 
Such small windows do not afford sufficient light or 
ventilation. There is no difficulty at all in construct- 
ing larger windows. It is simply a case of following 
the custom. From an architectural point of view the 
appearance of the front of the building is greatly im- 
proved by having the bath room windows correspond 
to the other windows of the dwelling in size and ar- 
rangement. This is easily possible as bath rooms are 
always of sufficient width to permit it. The extra 
cost is but slight, as windows are generally as cheap as 
wall. This section does not permit any window less 
than 3 square feet. It requires 6 square feet of win- 
dow surface in the bathroom or water-closet. The 
required window area may be in one window or in two. 

Note 3: In hotels and similar multiple dwellings 
it is quite common to have general toilet rooms on the 
ground floor, or in the basement or cellar, or on some of 
the upper stories for the use of guests and the public. 



@ \ 




(0) VroiLer 

@ \ 






L 


Figure 29 





Unless special provision were made in this section, 
as is done in this sentence, it would not be possible 

151 



A MODEL HOUSING LAW §38 

to have these general toilet rooms, as each water- 
closet compartment would have to be provided with 
a separate window. This is not necessary where a 
general toilet room is adequately lighted and ven- 
tilated to the outer air and where the individual 
toilet compartments are separated by dwarf partitions. 
This exception as to the method of lighting and ven- 
tilating water-closet compartments in no way affects 
the requirement that in certain kinds of multiple 
dwellings, namely, tenement houses, flats, and apart- 
ment houses, each family shall have its own private 
water-closet located within the apartment. This is 
governed by the provisions of Section 47. 

Note 6: It frequently happens, especially in the 
case of hotels, that it is desired to locate a group of 
water-closets at the bottom of a court which is covered 
over on the ground floor in this way and using as a 
roof to the water-closet compartment a ventilating 
skylight. Such a method of construction will pro- 
vide adequate light and ventilation and should be 
permitted. 

§ 38. Public Halls. ^ In every dwelling hereafter erected 
every public hall shall have at each story at least one window 
opening directly upon the street or upon a yard or court 
of the dimensions specified in this article and located on 
the same lot. Such window shall be at the end^ of said 
hall with the natural direction^ of the light parallel to the 
hall's axis. Any part of a public hall which is offset or 
recessed^ or shut off from any other part of said hall shall 
be deemed a separate hall within the meaning of this sec- 
tion and shall be separately lighted and ventilated. 

Explana- Note i : The evils of dark public halls, especially 

tion in tenement houses, can hardly be overstated. Dark- 

ness and dirt usually go hand in hand. This is es- 
pecially true of the public parts of a building used 
in common by many individuals and with the re- 
sponsibility for their care divided among several 
people. Where the light streams in, conditions of 
filth are seldom found as people are ashamed of such 
conditions when they are visible to themselves and 
to others. From the point of view of danger from the 
spread of communicable disease, light public halls are 
152 



§38 LIGHT AND VENTILATION 

equally necessary. The germs of tuberculosis cannot 
live in strong sunlight more than a few moments, but 
have singular persistency in damp or dark places and 
live for a long time. From the point of view of pub- 
lic morals, dark public halls are equally objectionable. 
To them are directlx- traceable in numerous instances 
cases of grave immoralitw Being open to the street 
as they are in the ordinary tenement house, they are 
entered b\' tramps and other irresponsible persons 
and all sorts of nuisances are frequently committed. 

Note 2: The phrase "natural direction of the 
light" may seem puzzling at first. In the case of 
light coming from an inner court there is no natural 
direction of the light, as all the light comes over the 
roof. In the case of an outer court, however, the 
natural direction of the light is a line parallel to the 
axis of the court; that is, at right angles to the open 
end of the court. 

Note 3: This provision will be held to be drastic 
by architects who are planning hotels, as the effect of 
it is to require a window at the end of the public hall 
so that the light and air may stream through all its 
parts, instead of permitting a window at one side. 
The reason for this is that the light that is thus re- 
ceived will light onl\' a short part of the hall, nor will 
such a window permit free movement of the air. 
What is desired is light that will light ever\' portion of 
the hall, and ventilation which will permit the air to 
blow through the hall and blow out all foul odors and 
completely renew the air. This is especially neces- 
sary in hotels where the public halls, as a rule, re- 
ceive the foul air from the numerous bedrooms open- 
ing upon them. Owing to the transient nature of the 
occupanc\' of hotel rooms and the increased danger of 
the transmission of communicable disease, the public 
hall becomes a special danger-point in buildings of this 
class. Heretofore the usual t}'pe of public hall in 
the high-class hotel has been one that is quite dark, 
depending chiefly on electric light for its light and 
on artificial ventilation for its air. Such halls are as 
a rule stuffy and filled with odors. Recently hotel 
proprietors have begun to see the unwisdom of this 
type of construction and are providing better lighting 
and ventilation. The diagram on the next page shows 
the method of lighting and ventilating public halls made 

153 



A MODEL HOUSING LAW 



§38 



compulsory by this section (Figure 30), while Figure 
31 illustrates the method of side lighting which is 
frequently employed and which is forbidden by this 
section. 



ELEVATORS 



L 


XX 


CLQ5 


LL 

_l 
—i 

< 

z 

u 

Hi 
IQ 

Q- 


Room 


r/ 


PUBLIC H>6 




ROOM 


Room 


8 




Room 


ROOM 


(^bOM 


room 


Ui 

hi 
fV 


Room 


ROOM 


<0 


ROOM 


l^OM 




ROOM 


Room 



2>TREEr "^ 

As IT SHOULD BE 
Figure 30 



ELEVATORS 










C 


X 


X 


CL05 


LL 

_i 
-J 
< 
X 

y 

—1 

(Q 
0- 

3LIC 


leooM 


w[[ PUBLIC HA 


Room 


K 


l^OONy 


ROOM 


8 




R.OOM. 


ROOM 


ROOM 


ROOM 


111 


Room 


ROOM 




ROOM 


ROOM 




ROOM 


ROOM 







put 


HALL 


1 




i 


1 


s 


1 




s 



STREET 

THE USUAL HOTEL CORRIDOR 
UNLAWFUL 

Figure 31 



Note 4: Particular objection, especially in the case 
of hotels, will be made to the last sentence of this sec- 
tion which requires any portion of a public hall run- 
ning at an offset from the main hall to be treated as a 
separate hall and to be separately lighted and ven- 
tilated. In the case of hotels this involves a sacrifice 
of floor space, as is at once seen by reference to 
the diagrams. Figure 31 shows the ordinary type 
of public hall frequently found in the modern high- 
class hotel. It will be seen that even where the main 
hall is properly lighted and ventilated by a window 
at the end, there are what may be termed side corri- 
dors giving access to numerous rooms which run in a 
direction at right angles to the main corridor and 
which have no means of light and ventilation other 
than artificial ones. It is definitely intended by this 
section to make this type of construction impossible 
in the future. 

It will at once be seen that this involves a material 

154 



§38 LIGHT AND VENTILATION 

sacrifice of floor space, \et if we are to have really 
proper ventilation and lighting of public halls in 
hotels nothing else can be permitted. 

These considerations will not be found to apply to 
the same extent in other classes of buildings; in the 
case of both apartment houses and tenement houses, 
the plan will naturally be so arranged as to do away 
with long public halls because of the waste of space 
involved in such arrangement. In private dwellings 
and two-famil\' houses there will be no public halls; 
the halls will be private halls and this section will 
therefore not apply to them. 

If it is desired to make concessions to the persons 
interested in building hotels the following modification 
can be emplo\'ed, although any change in this respect 
is advised against. Add at the end of the section the 
following: 

Concession i : "This section shall not apply to hotels Concession 
hereafter erected, as defined in paragraph four of section 
two, provided the public halls are lighted by electric light 
and ventilated adequately by a system of forced venti- 
lation." 

Note 5 : If it is not desired to go as far as this, but 
to require some ventilation to the outer air and yet ob- 
viate the disadvantages of loss of rentable floor space 
resulting from the requirement that the window shall 
be at the end of the hall, the following Concession will 
undoubtedly be approved by those opposing the re- 
quirement as originally written. If it is desired to 
make similar concessions in the case of high-class apart- 
ment houses, this Concession 2 will be found most 
adapted to that purpose. 

Concession 2: . " In the case of hotels hereafter erected. Concession 
as defined in paragraph four of section two, in lieu of the 
requirement for one window at the end of each hall, there 
may be windows located at the side of such hall, provided 
there shall be at least one such window in every twenty 
feet in length or fraction thereof of said hall; and each 
such window shall open directly upon the street or upon a 
yard or court of the dimensions specified in this article and 
located on the same lot." 

155 



I 



A MODEL HOUSING LAW § 39 

§ 39. Windows and Skylights for Public Halls. In 
every multiple-dwelling^ hereafter erected one^ at least of 
the windows provided to light each^ public hall or part 
thereof, located as required by section thirty-eight, shall 
be at least TWELVE square feet in area measured between 
stop-beads. In every multiple-dwelling hereafter erected 
there shall be in the roof directly over each stairwell, a 
ventilating skylight* provided with ridge ventilators having 
a minimum opening of FORTY square inches, or such 
skylight shall be provided with fixed or movable louvres.^ 

Explana- Note i : It should be observed that this provision 

^JQj^ for ventilating skylights applies only to public halls. 

It also does not apply in the case of private dwellings 
and two-family dwellings. 

Note 2: This provision does not prevent any num- 
ber of windows of a less size than the size prescribed 
if it is desired to have round, oval, or other shaped 
windows for architectural effect. All that it requires 
is that there shall be at least one window of the re- 
quired size in each public hall. 

Note 3 : This limitation as to minimum size applies 
to each public hall; that is, to the hall at every story. 

Note 4: It may be thought by some that if a pub- 
lic hallway is thus adequately provided with windows, 
a ventilating skylight in the roof is unnecessary. This 
view is erroneous. A ventilating skylight is needed 
in addition to the window ventilation for two reasons. 
First, in tenement houses and also in many flats, 
apartment houses, and even in hotels, hall windows 
will not always be left open with sufficient frequency 
to renew the air. The ventilating skylight insures 
always a certain amount of ventilation and the carry- 
ing oflF of the vitiated air. Second, the ventilating 
skylight is an important element in case of fire as it 
will allow the smoke and flames to be vented at the 
roof and will thus have a tendency to prevent the fire 
from '' mushrooming" out on each floor and spreading 
laterally into the apartments and rooms. 

Note 5 : It will not do to require the louvres in the 
skylight to be fixed because in the case of a steam- 
heated hall this would mean the loss of all the heat. 
The law gives the owner the option of using either 
fixed or movable louvres. The louvre is a slat sim- 
156 



LIGHT AND VENTILATION 

ilar to those often seen in a church belfry. The 
amount of opening of 40 square inches provided in the 
ridge ventilator will be found to be very small and 
will not in any wa\' interfere with the plan of maintain- 
ing steam-heated halls where that is desired, and yet 
this amount of opening will insure a certain amount of 
continuous and permanent ventilation of the hall. 

§40. Windows for Stair Halls, Size of.^ In every 
multiple-dwelling hereafter erected there shall be provided 
for^each story at least one^ window to light and ventilate 
each stair hall which shall be at least TWELVE square 
feet in area, measured between the stop-beads and shall 
open on the open spaces required by section thirty-eight. 
A sash door/ opening on similar open spaces, shall be 
deemed the equivalent of a window in this and the two 
foregoing sections, provided that such door contains the 
amount of glazed surface prescribed for such windows. 

Note i : This provision applies to stair halls and is Explana- 
intended to secure separate and adequate means of tion 
lighting all stair halls irrespective of the means of 
lighting and ventilation provided for the public halls. 
The same considerations which apply to the mainten- 
ance of light conditions in public halls apply equally 
to stair halls with the additional fact that a light stair 
hall is essential if the stairs are to be used as a means 
of egress in case of fire. 

Note 2: It should be noted that this requirement 
does not necessitate the window of the stair hall being 
at or on each story, but there must be one such 
window /or each story; that is, the window may be 
on the stair landing, half way between the two stories 
throwing its light both up and down the stairs. This 
is an excellent type of construction and should be per- 
mitted. 

Note 3: This provision does not interfere with the 
use of small oval, round or other irregular-shaped 
windows that may be desired for architectural treat- 
ment. All that it requires is that at least one window 
for each story shall be of the minimum size provided. 

Note 4: It is often desired to use a French window 
treatment for architectural effect, also to use sash 
doors. Both of these forms of construction should be 

157 



A MODEL HOUSING LAW 



41 



Concession 



Explana- 
tion 



permitted provided the adequate amount of lighting 
and ventilation can be secured. 

Note 5: If it is desired to make concessions to 
hotels as outlined in Section 38, then the following 
Concession should be added here to the end of this 
section. 

Concession: "This section shall not apply to hotels 
hereafter erected, as defined in paragraph four of section 
two, provided the stair halls are lighted by electric light 
and ventilated adequately by a system of forced ventila- 
tion, and that such lighting is maintained both day and 
night." 

§41. Outside Porches.^ In dwellings hereafter erected 
outside porches shall not be so located or constructed as to 
interfere with or diminish the light or ventilation re- 
quired by this act. The term "outside porches" shall 
include outside platforms, balconies and stairways. All 
such outside porches shall be considered as part of the 
building and not as part of the yards or courts or other 
unoccupied afea.^ 

Note i: In a number of cities the outside porch 
has become more or less of a fixed habit. Such 
porches on the ground floor at the front or rear of a 
private dwelling are as a rule unobjectionable. Al- 
though they do to some extent darken the rooms from 
which they open, there are in such houses as a rule 
other windows for the rooms in question additional 
to those required by law. It will of course not do to 
prohibit outside porches. When extended up in the 
air, however, the outside porch becomes a serious evil. 
This, unfortunately, has become a firmly established 
type of construction in a number of cities, both in the 
case of two-family dwellings and also in tenements 
and flats. It is a common feature of the "three- 
decker," which is usually provided with a system of 
outside wooden balconies connected with wooden 
stairs at the rear of the building. The type is objec- 
tionable from a number of points of view. In the 
first place, the wooden balconies frequently extend so 
far from the rear wall of the building that they greatly 
darken the living rooms opening upon them, thus 

158 



§41 LIGHT AND VENTILATION 

creating one or more dark or dim rooms on each floor. 
The\- are also ver\' unsightl\' as they become a sort of 
"lumber room" and have stored on them the numer- 
ous articles that accumulate in a household. Here 
ma\' be seen refrigerators, rocking horses, step-ladders, 
pails, baskets, boxes, and so forth. Being of wood and 
connected with wooden stairs and containing these 
accumulations of inflammable material, they are a 
distinct source of danger in case of fire, in parts of 
the countr\- where the weather is severe in the winter, 
the outside porches are frequently enclosed with 
glass and wooden partitions throughout five months 
of the \ear and in some cities are kept enclosed prac- 
ticall\' throughout the \'ear. The result is that the 
rooms from which they open, which were erected as 
outside rooms and intended to have direct sunlight 
and fresh air, are deprived of both. 

The one advantage claimed for this t\'pe of con- 
struction is that it enables people to sleep out of doors 
and to live out of doors more than the\' otherwise 
would. This is to some extent true. Careful obser- 
vation, however, does not bear out the contention 
that these balconies are used to any great extent as 
sleeping porches nor do the members of the household 
use them much for living purposes in the day time ex- 
cept in the hottest summer months. 

It is obvious that there is little use in setting down 
in the law with minute care the sizes of open spaces 
upon which rooms ma\' open and the minimum di- 
mensions of the rooms themselves in order to furnish 
proper light and ventilation to the people living in 
them, if at the same time it is possible to render nuga- 
tor\' all of these effects by the erection on the outside 
of the building of what is practically another room, 
shutting off light and air and thus turning outside 
rooms into inside rooms with neither proper light nor 
ventilation. 

It should be observed that this section does not 
prohibit the use of outside porches or stairs, but does 
require that the\- shall not interfere with the lighting 
and ventilation of rooms and halls. 

Note 2: If Concession i noted in Subdivision 16 
of Section 2 is made, the following Concession should 
be made here, in the last sentence after the word 
"porches" insert a comma and add the following: 

»59 



A MODEL HOUSING LAW 



4IA 



Concession Concession: "except as otherwise provided in sub- 

division sixteen of section two/' 



Variation 



Wall-Beds. In recent years there has been coming into 
vogue in a few cities — fortunately as yet only in a few 
and to a very limited degree — a type of house which is 
fraught with very great social and civic consequences. 
This is the so-called "kitchenette apartment"— a building 
in which rooms are rented out singly or as "two rooms 
and bath." By utilizing ^ folding bed which disappears 
into a specially prepared "hole in the wall," one room is 
made to serve as two and sometimes as four. It serves 
as parlor and dining room by day and bedroom by night. 
Ingenious devices have been invented by which the fold- 
ing bed is camouflaged as a mantelpiece in one case, in 
another as a sideboard or china cabinet or book-case. In 
some instances the bed swings up into a pocket in the ceil- 
ing, but generally into a closet in the wall. Very recently, 
a new form of revolving closet has been devised which 
turns on a sort of turnstile device so that one side of it 
serves as the space for the disappearing bed, another serves 
as ci. kitchen cabinet, a third as a dining room dresser, and 
the fourth as a living room book-case. 

Irrespective of the broad question of social policy that 
is involved in the development of these types of homeless 
homes, there are sanitary evils that are involved in the 
wall-bed that should be dealt with. Beds folded into a 
dark pocket in the wall with all their bedding soon become 
unsanitary and a breeding place of vermin. The least re- 
quirement that can be imposed is to insist that the bed- 
closet shall be ventilated to the outer air. 

If it is desired to enact such a requirement the following 
Variation is suggested: 

Variation: § 41 A. Wall-Beds. In every dwelling 
hereafter erected every closet or other space used to re- 
ceive a bed or device for sleeping, shall have at least one 
window of such size and opening as provided for water- 
closets and bath rooms in section thirty-seven. 

160 



§§42,43 SANITATION 



Title 2 

SANITATION 

§ 42. Cellar Rooms. In dwellings hereafter erected no 
room in the cellar shall be occupied for living purposes. 

Note: Outside of the city of New York there is no p^xplana- 
city in the United States where it is necessary be- ^^^{^ 
cause of high land values and the pressure of popula- 
tion to permit new dwellings to be constructed with 
living accommodations in the cellar. Even under 
the best conditions cellar dwellings are injurious to 
humanity and should not be tolerated in future build- 
ings. Cellars should be clearly differentiated from 
basements. For further discussion of this matter 
see notes under Section 2, Subdivision 13. 

§ 43. Basement Rooms. In dwellings hereafter erected 
no room in the basement shall be occupied for living pur- 
poses, unless in addition to the other requirements of this 
act such room shall have suificient light and ventilation, 
shall be well-drained and dr\-, and shall be fit for human 
habitation. 

Note: In the laws of some cities and states in the Explana- 
past, elaborate conditions have been prescribed with ^^^^ 
regard to the occupancy of basement rooms, certain 
fixed standards having been imposed as to the height 
of ceiling above the adjoining ground, the presence of 
an areaway in front of the room and certain other 
conditions. It does not seem necessary to impose 
these conditions upon basement rooms, provided they 
compl\' with the other provisions of the act and in 
addition have sufficient light and ventilation, are well 
drained and dr\-, and are fit for human habitation. 
If the rooms are basement rooms, their ceilings must be 
at least one-half of their height above the adjoining 
ground. Under the provisions of Section 34, the 
rooms must be at least 8 feet high, and under the pro- 

II 161 



A MODEL HOUSING LAW §44 

visions of other sections of the act every such room 
must open directly upon the outer air and be of a cer- 
tain minimum size. The sole value of this section, 
therefore, is to give to the enforcing officials a "drag- 
net" power to interfere with the construction and oc- 
cupancy of basement rooms that may not be fit for 
human habitation even though they may comply 
with the other provisions of the act. 

§ 44. Cellars, Water-Proofing AND Lighting.^ Every 
dwelling hereafter erected shall have a basement, cellar 
or excavated space under the entire lowest floor, at least 
THREE feet in depth, or shall be elevated above the 
ground so that there will be a clear air space of at least 
TWENTY-FOUR INCHES between the top of the ground 
and the bottom of said floor so as to insure ventilation and 
protection from dampness. Such space shall in all cases 
be enclosed but provided with ample ventilation and prop- 
erly drained. In every dwelling hereafter erected all walls 
below the ground level and also the cellar or lowest floor 
shall be damp-proof and water-proof. No special water- 
proofing shall be required except where soil conditions 
make it necessary. ^ When necessary to make such walls 
and floors damp-proof and water-proof, the damp-proofing 
and water-proofing shall run through the walls and up the 
same as high as the ground level and shall be continued 
throughout the floor, and the said cellar or lowest floor 
shall be properly constructed so as to prevent dampness 
or water from entering. All cellars and basements in dwell- 
ings hereafter erected shall be properly lighted'^ and venti- 
lated. 

. Note i : Some of the worst conditions encountered 

Z:^? ^^^' ^^ cities and especially in suburban and rural com- 

munities, arise from the practice in building small 
houses of setting them directly on the ground. This 
results in conditions of dampness which seriously 
affect the health of the occupants who constantly 
suffer from "rheumatism" and other diseases. In 
many sections during the stormy weather these rooms 
become flooded and the tenants are caused to suffer 
162 



tion 



§44 



SANITATION 



not only great discomforts and inconvenience but 
often serious injur\' to health. This requirement is 
to obviate this situation. It should be noted that a 
cellar is not required in ever\' case. Where a cellar 
is not provided, however, the building must be lifted 
above the ground at least 2 feet so as to prevent damp- 
ness. This space is required to be enclosed chiefly 
to prevent it from becoming a gathering space for 
waste materials of various kinds but at the same 
time the space is required to be left sufficientlx' open 
by means of grilles or latticework or in some other way 
so that it ma\' be properl\' ventilated. 

Note 2: The requirement that the walls below the 
ground level shall be damp-proof and water-proof is 
frequentl\' misunderstood and thought to mean that 
some special s>'stem of damp-proofmgor water-proofmg 
shall be applied. This is not so. Where the natural 
soil conditions are such as to insure freedom from 
dampness in walls and floor, no special methods of 
damp-proofmg are necessary, but where the soil con- 
ditions are not of this nature then appropriate pre- 
cautions must be taken to prevent dampness in the 




, • ■'.'.'". .:; -o^WATER P 



cere 

THR.EF PLY 

PjeoOFINQ 



COMCeETE 



Figure 32 
Damp-Proofing of Walls and Floors 



walls and lowest floor. The methods of damp-proof- 
ing that are most frequentlx* emploxed where it is 
necessarx' to do such work are very simple and con- 
sist of courses of tar paper and hot tar properl\' ap- 
plied. There, are also other methods commercially 
in use that are quite wellknown. There is no diffi- 

163 



A MODEL HOUSING LAW § 45 

culty in making cellar walls and floors damp-proof 
by such methods except in cases where there is water 
pressure below, due to tidal effect. In such cases the 
problem becomes somewhat complicated. It is neces- 
sary then to keep the water out by weighting it down 
by means of inverted arches or other devices; but 
the ordinary housing reformer will not encounter 
this contingency in one case out of ten thousand. 
The diagram on the preceding page shows the method 
of damp-proofmg employed where it is necessary to 
use any process. 

Note 3: The requirement that cellars and base- 
ments shall be properly lighted and ventilated is of 
great importance. In the case of the dwellings of the 
poor the three danger points are the water-closets, 
public halls and cellars; that is, the parts of the build- 
ing used in common and for which no single individual 
is as a rule responsible. Cellars are a special danger 
point and are apt to become filled with waste material 
of various kinds, the accumulation of which is in- 
jurious both to the health and safety of the occupants. 
This situation is likely to occur where cellars are not 
properly lighted. A large proportion of tenement 
house fires originate in such cellars. The health of 
the occupants also is bound to suffer materially from 
living over cellars which are not properly ventilated. 
Dampness is very likely to result from such a con- 
dition and the building is likely to be filled with 
unpleasant and unhealthful odors. 

In order not to restrict the architect unnecessarily 
in the planning of his building, it has not been at- 
tempted to lay down any precise and exact method of 
lighting and ventilating the cellar which must be em- 
ployed. This is left to the enforcing officials who can 
be counted upon to see that the cellar is properly 
lighted and ventilated. 

§45. Courts, Areas and Yards. ^ In every dwelling 
hereafter erected all courts, areas and yards shall be prop- 
erly graded and drained,^ and when required by the health 
officer they shall be properly concreted^ in whole or in part 
as may be appropriate. 

Explana- Note i : The purpose of this requirement is to in- 

|.JqJ^ * sure adequate drainage and to keep water from stand- 

164 



§ 45 SANITATION 

ing in puddles in the >'ards or from seeping into the 
walls of the building, thus creating conditions of 
dampness in the cellar and other lower portions, in 
some laws it is required that yards, areas, and courts 
shall extend down below the level of the cellar floor 
and be connected with the street sewer. In many 
cities, however, this is seriously objected to as unnec- 
essary expense, requiring as it would, the excavation 
of the yard down to this lower level. It is also the 
custom in many cities to discharge the rain water 
from the house leaders directly on the ground, as 
the expense of conducting this to the street sewer 
is felt to be unnecessarily onerous. .It is believed that 
the provision as written in this section will meet the 
situation in most cases and will do so with a minimum 
of friction. 

Note 2 : It will not do to require \ards, courts, and 
areas to be concreted throughout, as in most cases it 
is desired to have such yards treated with grass plots 
and flower gardens. There are, however, numerous 
instances where this treatment is not had and where 
it is desirable from the point of view of proper drain- 
age and cleanliness to have the yard concreted. In 
such cases the health officer will be empowered under 
this section to make this requirement. 

Note 3: If it is desired to stiffen this section and 
impose more stringent requirements, the following 
variation is suggested. Insert at the beginning of this 
section, after the caption, the following: 

Variation i: "In every dwelling hereafter erected Variation 
where courts, areas or yards extend to the basement or 
cellar, a portion of such court, area or yard not less than 
two feet wide shall extend down below the floor level of 
said basement or cellar." 



I 



Note 4: If it is desired to require that such open I 

spaces shall be connected with the street sewer, the 
following variation is suggested. After the words 
"graded and drained" in the original section, insert 
the following: 



Variation 2: "and connected with the street sewer so 
that all water may pass freely into it" 

165 



Variation 



A MODEL HOUSING LAW §§46,47 

§46. Water-Supply.1 In every dwelling hereafter 
erected, when water mains are reasonably accessible as 
provided in section nine of this act, there shall be a proper 
sink or wash-bowl with running water, exclusive of any 
sink in the cellar.- In two-family dwellings and in mul- 
tiple-dwellings of Class A hereafter erected there shall be 
such a sink or wash-bowl in each apartment, suite or group 
of rooms.3 In such dwellings of Class B there shall be one 
such sink or wash-bowl for every fifteen occupants or frac- 
tion thereof. 

Explana- Note i : This requirement is for the purpose of se- 

IIqj^ curing an ample supply of running water inside the 

dwelling in future buildings and to prevent the un- 
sanitary conditions which prevail in many cities where 
in the older buildings there is no water except such as 
can be obtained from a hydrant or pump in the back 
yard. Sometimes there is but one hydrant for many 
houses. 

Note 2: The sole water-supply in future dwellings 
should not be located in the cellar, as this is too in- 
convenient a place for family use. 

Note 3: In private dwellings the sink or wash- 
bowl may be located in any room or even in the hall 
of the house (except the cellar), but in two-family 
houses and multiple dwellings there must be one such 
sink or wash-bowl for each family. 

Note 4: This section must be read in connection 
with Section 9. Where there is no communal water 
supply in a community, Section 46 will not apply. 

§47. Water-Closet Accommodations.^ In every 
dwelling hereafter erected when water mains are reason- 
ably accessible as provided in section nine, there shall be a 
separate- water-closet. Each such water-closet shall be 
placed in a compartment completely separated from every 
other water-closet; such compartment shall be not less 
than THREE feet wide,^ and shall be enclosed with parti- 
tions which shall extend to the ceiling^ and which shall 
not be of wood or other absorbent material. Every such 
compartment shall have a window opening directly upon 

166 



§ 47 SANITATION 

the street or upon a \ard or court of the minimum sizes 
prescribed by this act and located upon the same lot.^ 
Nothing in this section contained shall be construed so as to 
prohibit a general toilet-room'' containing several water- 
closet compartments separated from each other by dwarf 
partitions, provided such toilet-room is adequately lighted 
and ventilated to the outer air" as above provided, and that 
such water-closets are supplemental to the water-closet 
accommodations required b\' other provisions of this sec- 
tion for the tenants of the said dwelling. No drip tray*^ 
shall be permitted on any water-eloset. No water-closet 
fixture shall be enclosed.^ No water-closet shall be placed 
out of doors. '° No water-closet shall be placed in a 
cellar^i without a written permit from the health officer. 
In two-family dwellings and in multiple-dwellings of Class 
A hereafter erected there shall be for each family a separate 
water-closet constructed and arranged as above provided 
and located within each apartment, suite or group of 
rooms. In multiple-dwellings of Class B hereafter erected 
there shall be provided at least one water-closet for every 
FIFTEEN occupants or fraction thereof. Every water- 
closet compartment hereafter placed in any dwelling shall 
be provided with proper means of lighting the same at 
night. ^' The floor of every such w^ater-closet compart- 
ment shall be made water-proof^^ with asphalt, tile, stone, 
terrazzo or some other non-absorbent water-proof material ; 
and such water-proofing shall extend at least two inches 
above the floor so that the said floor can be washed or 
flushed out without leaking. 

Note i : This section is of great importance and Explana- 
contains a number of considerations which should be tion 
fully understood. In the first place, it requires in 
future dwellings that the water-closets shall be in- 
doors. Where there are no public sewers, systems 
of cesspools or other approved form of sewage dis- 
posal in vogue in rural and suburban communities 
will have to be adopted. The section of course 
will not apph- where there is no water supply and must 
be read in connection with Section 9. In such case 
167 



A MODEL HOUSING LAW § 47 

privies will have to be tolerated until such time as 
water supply is provided. 

Note 2: It is deliberately intended to prevent in 
dwellings and in tenement houses and similar residence 
buildings any communal system of water-closets, as. 
experience has shown that they are always abused. 
Each family is to have its own water-closet entirely 
within its own control, thus insuring freedom from 
the abuses which are generally found, greatly adding 
to the desirability of the apartments from a rental 
point of view, and materially aiding the landlord in 
placing responsibility for abuses when discovered. 

Note 3 : While it should not be necessary to fix a 
minimum width of water-closet compartment, it has 
been found necessary, as in some of our cities where 
land values are high, these compartments have been 
made just wide enough to take in the fixtures, some- 
times less than 2 feet in width. Such conditions 
should not be tolerated. 

Note 4: Unless partitions extend to the ceiling 
there cannot be proper privacy and separation of the 
sexes. This is essential to prevent many kinds of 
abuse. Wooden partitions are prohibited because of 
their absorbent nature, although plastered, stone, 
marble, slate or metal partitions may be used. 

Note 5: Each water-closet must have its inde- 
pendent means of lighting and ventilation and in 
this respect this section must be read in connection 
with Section 37. It should be noted that this re- 
quirement as to partitions and the prohibition of wood 
does not apply to the case of a general toilet room 
such as is described in this section where the water- 
closets are separated by dwarf partitions which do not 
extend to the floor but are set up on legs. In such 
case wooden partitions may be used without any ob- 
jection. 

Note 6: It is. necessary to provide specifically for 
general toilet rooms such as are found in hotels and 
sometimes in stores, especially saloons, located on the 
ground floor of apartment houses and tenement 
houses. There is no objection to this form of con- 
struction, provided these toilets are supplemental to 
those required for the use of the tenants and are ade- 
quately lighted and ventilated to the outer air. 

Note 7: In the case of high-class modern hotels it 

168 



§47 SANITATION 

will be found difficult to light and ventilate such toilet 
rooms to the outer air and architects ma>' desire to 
emploN' electric light and artificial ventilation. Such 
a method of construction is not desirable even in the 
case of this class of buildings and it is advised not to 
make any concession for them. If, however, it is 
felt to be desirable to >ield to the wishes of these in- 
terests, the following concession may be made. After 
the words "provided such toilet-room is adequately 
lighted and ventilated," omit the following: 

Concession I : "to the outer air as above provided" Concession 

Note 8: Drip trays are sheets of thin metal fas- Explana- 
tened between the wooden seat and the water-closet \\q^ 
bowl and are intended to catch the drippings when the 
fixture is used as a urinal. They are antiquated and 
highl\' objectionable, as their effect is to keep a stand- 
ing deposit of urine close to the wooden seat which 
soon becomes saturated and odoriferous. 

Note 9: The requirement that no water-closet fix- 
ture shall be enclosed with any woodwork is in line 
with the accepted practice in good plumbing work for 
the past twenty )'ears. If the fixture is enclosed the 
space underneath it is sure to become dirty and often 
saturated with urine and other deposits, thus giving 
rise to sanitary evils. If the space is left open it will 
alwa\s be visible and can more easily be kept clean. 

Note 10: The requirement prohibiting the placing 
of water-closets out of doors is of vital importance. 
There will be a difference of view as to the desirability 
of this in different sections of the country. In some 
communities it has been the custom for many years 
past to place water-closets out of doors. As a result 
of this practice some of our most serious sanitary evils 
have occurred. The outdoor water-closet is only 
slightl\' better than the priv\' vault. It has all the 
evils of the privy vault except the danger of soil con- 
tamination and pollution of the water supplw These, 
however, are evils not frequently encountered, as 
even where there is a local water supply it is generally 
so located that there is comparatively little danger 
from this cause. The chief danger from the privy 
vault is the spread of communicable disease through 
the medium of the common house-fl)'. There is just 
169 



A MODEL HOUSING LAW §47 

as great danger from this in the case of the outdoor 
water-closet as there is from the privy vault. The 
other evils of the vault, namely, the disgusting condi- 
tion in which outdoor fixtures are generally found and 
the resulting discomfort and serious effect upon the 
health of the people in the neighborhood, exist with 
equal force in the case of the outdoor water-closet. 
Located thus in a public place and easy of access to 
the casual passerby, the outdoor closet is bound to be 
abused and kept in a filthy condition. Except in the 
Southern states where there is a mild climate and 
where there is little danger from freezing, outdoor 
closets are generally out of commission through most 
of the winter, forcing the tenants to employ the 
"bucket" system, as there has not been developed 
as yet any really satisfactory device of anti-freezing 
fixture. In many cities in the North where outdoor 
closets are employed, a type of closet known as the 
"Philadelphia hopper" (because of its great use in 
that city) is usually employed. This is a long hopper 
water-closet, with all the evils of an extensive fouling 
surface which cannot be cleaned. The fixture is pro- 
vided with a seat flush which operates by a valve, the 
water being released by pressure on the seat. The 
result is that when paper is left upon the seat and 
when snow sifts in, as it frequently does, the weight 
of the snow and wet paper starts the flush going and 
the water is kept running practically all the time, 
overflowing the toilet and making a skating rink out of 
the compartment and neighboring portions of the yard. 

The evils of the outdoor closet are so great that 
under no circumstances should any compromise be 
made on this provision, either in the South or in the 
North. No city can call itself civilized which per- 
mits in its future work outdoor water-closets. The 
ultimate cost to the community resulting from such a 
system in the toll of disease and death is beyond cal- 
culation. 

Note i i : The very worst conditions are usually 
found in cellar water-closets, due to the fact that they 
are apt to be located in the dark, without proper venti- 
lation, and are generally accessible to any stray pass- 
erby and are therefore sure to be abused. The cellar 
water-closet is usually for these reasons kept in an 
indescribable condition. It will not do, however, 

170 



§ 47 SANITATION 

to prohibit cellar water-closets outright, as they are 
necessary sometimes for the use of stores on the 
ground floor in tenements, flats,, and apartment 
houses and are especially necessary in hotels in the 
service quarters and also in man>' hotels in connection 
with barber shops, cafes and other rooms provided 
for the public. The requirement that no water- 
closet be placed in the cellar without a written permit 
from the health officer amply safeguards the com- 
munity against the evils that have heretofore existed. 

Note 12: It is obviously important that there 
shall be means of lighting water-closet compartments 
at night. It should be noted that this provision does 
not specify the means to be emplo\'ed. Where elec- 
tricity or gas is provided throughout the house these 
methods will naturall\' be furnished. In the quarters 
of the poor a kerosene lamp may be all that is possible. 

Note 13: It is of importance that the floors of 
water-closet compartments shall be water-proof so 
that the whole water-closet compartment can be 
flushed out. This is necessary because of the fact 
that in the case of contagious disease the slop empt}- 
ings from the patient are emptied here. There are 
also apt to be drippings from the bowl when the fix- 
ture is used as a urinal and a wooden floor absorb- 
ing this soon becomes extremely objectionable. The 
only satisfactory scheme is a scheme that will permit 
the entire floor to be flushed out. In most cases such 
a water-proof floor will be provided, as the water- 
closet is generallv located in the same room as the 
bath tub. It should be noted that cement as water- 
proof material is barred out because of its absorbent 
qualities. Terrazzo is a composition used every- 
where. It is made of broken chips of marble and 
cement. 

Objection may be made to this provision as im- 
posing unnecessary expense upon working people who 
desire to build small dwellings for their own use. If 
this is found to be a serious objection, the following 
concession can be made. Before the words "The 
floor of every such water-closet compartment," in- 
sert the following: 

Concession 2: "In two-famil)- dwellings and multiple- Concession 
dwellings hereafter erected " 

171 



A MODEL HOUSING LAW §48 

§48. Sewer Connection.^ No multiple-dwelling of 
Class A^ shall hereafter be erected on any street unless 
there is city water and a public sewer in the street on 
which such dwelling abuts. No multiple-dwelling of 
Class B shall hereafter be erected on any street unless 
there is city water-supply and a public sewer reasonably 
accessible as provided in section nine. Every such mul- 
tiple-dwelling of Class A shall have its plumbing system 
connected with the city water-supply and with a public 
sewer before such multiple-dwelling is occupied. No cess- 
pool or vault or similar means of sewage-disposal shall be 
used in connection with any dwelling where connection 
with a public sewer is practicable. 

Explana- Note i ; This provision applies only to multiple 

l--Q^ dwellings. It should properly apply to private dwell- 

ings and to two-family dwellings, but it is believed 
that this would be considered too drastic by practi- 
cally every community. Theoretically no community 
should permit the erection of dwellings until streets 
have been sewered and supplied with city water, as 
otherwise privies are necessary, but such a provision 
would undoubtedly be felt to stop the progress and 
development of the city and become a check upon the 
building industry. We shall probably be sufficiently 
civilized twenty-five or thirty years from now to im.- 
pose such a requirement, but it does not seem to be 
wise to attempt it at this time. The situation with 
regard to multiple dwellings is, however, totally dif- 
ferent. No large building housing a number of fam- 
ilies should be permitted to be erected in sections of 
the city not provided with sewers and water supply. 
If that portion of the city is so slightly developed that 
sewers and water supply cannot be provided, the mul- 
tiple dwelling is not an economic necessity and single- 
family dwellings and two-family houses can be built 
with propriety. 

Note 2: It should be noted that the provisions 
for the two classes of multiple dwellings are radically 
different. This section absolutely prohibits the erec- 
tion of multiple dwellings of Class A, that is fats, 
tenements, apartments and the like, unless there is 
city water and a public sewer in the street. When it 
172 



§ 49 SANITATION 

comes to multiple-dwellings of Class B, which include 
boarding houses, hotels, convents, asylums, hospitals 
and similar buildings, it is recognized that it might 
work hardship to prevent the erection of a small 
boarding house on the outskirts of a city, or of a con- 
vent or hospital similarly situated. This class of 
buildings is accordingly brought under the provisions 
of Section 9 which permits under proper safeguards 
the use of cesspools, septic tanks and even privies . 
temporarily. 

§49. Plumbing. In every dwelling hereafter erected 
no plumbing fixture shall be enclosed^ but the space 
underneath shall be left entirely open. Plumbing pipes 
shall be exposed, when so required by the health offi- 
cer. - All plumbing work shall be sanitary in every 
particular and, except as otherwise specified in this act, 
shall be in accordance with the plumbing regulations^ 
of said city. All fixtures shall be trapped."* Pan, ^ plunger 
and long hopper closets shall not be installed. Wooden 
sinks*^ and wooden wash-trays shall not be installed. 
Tile^ or earthen-ware house drains shall not be installed. 
In all multiple-dwellings hereafter erected where plumbing 
or other pipes pass through floors or partitions, the open- 
ings around such pipes shall be sealed or made air-tight 
with incombustible materials, so as to prevent the passage 
of air or the spread of fire from one floor to another or 
from room to room.^ 

Note i : The reasons against the enclosure of Exulana- 
plumbing fixtures with woodwork have been fully set . • 
forth in Note 9 of Section 47. 

Note 2: It is not wise to require plumbing pipes 
in all cases to be exposed, as in certain classes of build- 
ings, namely, high-class apartment houses, hotels, and 
similar structures, the tenants and guests would not 
care to see the rough plumbing and would find it a 
detriment to the rooms. In the ordinary tenement 
house, however, and in other classes of dwellings, it is 
entirely possible to have many of the pipes exposed. 
It is therefore left to the health officer to determine 
under what circumstances this shall be required. 

173 



A MODEL HOUSING LAW 



§49 



Note 3: No attempt is made here to go into mi- 
nute details of plumbing requirements such as the 
weight of pipe, kind of material and the numerous 
other details that are commonly found in plumbing 
rules and regulations. This can safely be left to the 
plumbing rules and regulations of the locality affected. 
What has been done here is to set down the irreducible 
minimum so as to prevent the use of materials or 
methods which have been shown to be injurious from 
the point of view of proper sanitation. 

Note 4: The requirement that all fixtures shall be 
trapped does not mean that each fixture shall be 
trapped separately, although this is desirable; this 
is left to the local plumbing regulations to determine. 

Note 5 : Pan, plunger, and long hopper closets are 
antiquated types of fixtures with large fouling sur- 
face which should not be tolerated in modern construc- 
tion. In many cities where good plumbing practice 
prevails such closets are required to be taken out 
when found even though they may have been installed 
only a few years before. (See Figure 33.) 



PAN CLOSET 



LONa. hopper- 




Figure 33 
Pan and Long Hopper Closets 



Note 6: Wooden sinks and wash trays are pro- 
hibited because they become rotten and saturated, 
breed vermin, and become odoriferous. 

Note 7: Tile or earthen-ware house drains are pro- 
hibited because they are in most cases liable to break 
in a short time, thus permitting soil contamination. 

Note 8: The requirement that the spaces around 

174 



§ 49 SANITATION 

pipes where they pass through floors in multiple 
dwellings shall be made air tight is of importance not 
onl\' for the convenience of the tenants in preventing 
unpleasant odors communicating from one apartment 
to another, in shutting off sounds which would other- 
wise travel in a similar way, and in preventing vermin 
thus getting from one apartment to another, but 
especial!)' as a means of reducing fire danger and pre- 
venting the transmission of contagious disease. 



175 



A MODEL HOUSING LAW 



Title 3 
FIRE PROTECTION 

Note i : There is much misunderstanding in the 
popular mind as to the relative importance of fire pro- 
tection provisions as compared with the necessity of 
adequate open spaces. From an ideal point of view 
it would be incalculably better for the community 
if all houses erected in the future might be fire-resistive 
throughout. It would add greatly to the beauty of 
our cities, it would help conserve our forests by re- 
ducing the consumption of lumber, and would insure 
greater safety to the great mass of our population, 
though the danger from fire is more of a prospective 
evil than a real one. Considering the size of the pop- 
ulation in each of our cities, the number of people who 
lose their lives each year from this cause is practically 
negligible. This is due, however, not to the methods 
of construction employed in our buildings but to the 
efficiency of our fire departments. The real advan- 
tage of having all buildings fire-resistive would be in 
the ultimate saving to the investor. Bills for insur- 
ance would be reduced to almost nothing and the 
cost of upkeep would be very materially diminished. 

The great objection, however, to requiring all dwell- 
ings erected in the future to be fire-resistive through- 
out is that the cost at present would be prohibitive. 
The effect of this so far as the dwellings of the working 
people are concerned would be to augment greatl\' 
the cost of living. The time will undoubtedly come, 
and it is not far distant, when the cost of fire-resistive 
construction will be greatly reduced and this desir- 
able ideal can be accomplished. For the present, 
however, in view of the considerations expressed, it 
seems unwise to attempt to bring about such a con- 
dition. 

Note 2: It should be noted that all of the pro- 
visions of this title, which deals with fire protection in 
new buildings, with the exception of Section 50, relate 
solely to multiple dwellings. That is, none of these 
176 



FIRE PROTECTION 

additional precautions which are ver>' necessary in 
the case of multiple dwellin<2;s are imposed upon pri- 
vate dwellings or two-famil\' dwellings. I'he effect 
of this discrimination will be to make as cheap as 
possible the construction of private dwellings and 
two-famil>- dwellings and therefore to encourage that 
t\pe of development in our cities; while the imposing 
of these additional safeguards at additional cost upon 
multiple dwellings should have the effect of dis- 
couraging the erection of such buildings. The re- 
quirements imposed are in no sense prohibitive; mul- 
tiple dwellings can still be erected in an\' cit\' and be 
commerciall\- profitable. Nor has an\' requirement 
in this title been imposed upon multiple dwellings 
solel>' with the idea of discouraging that type of con- 
struction; each provision will be found to be justified 
from experience and to be necessary for buildings of 
this class. 



a model housing law § 50 

§ 50. Fire-Resistive Dwelling, When Required. ^ 
No dwelling shall hereafter be erected exceeding THREE^ 
stories in height, unless it shall be a fire-resistive dwelling; 
the dwelling, however, may step up to follow the grade, 
provided no part of it is over THREE^ stories in height.^ 

Explana- Note i : The purpose of this section is a two-fold 

tion one. While it is primarily a provision for fire pro- 

tection and would have to be justified on that ground 
if attacked in court, it is also of great importance in 
securing better light and ventilation and as a means 
of preventing congestion of population in the case of 
multiple dwellings. The way to prevent land over- 
crowding is to limit the number of people that may 
live on a given area of land. This can be done more 
effectively indirectly than it can directly. There is 
some doubt as to whether the courts would sustain 
an arbitrary limitation on the actual number of people 
that might live on a lot of a given size. If, however, 
the area of the building is limited by requiring large 
open spaces and the height of the building is limited, 
the result desired has been accomplished and by a 
method which the courts will unquestionably sustain. 
While there is no guarantee that this provision will 
absolutely prevent the erection of tall buildings, it is 
reasonably sure that at the present time, with the 
cost of fire-resistive construction as it is to-day, the 
effect of this provision will be to discourage greatly 
their erection. 

Note 2 : The standard has been set at three stories, 
but it should be noted that this is a variable stand- 
ard to be changed in each city to suit the local condi- 
tions. It is highly desirable to keep residence build- 
ings down to a three-story height. Where this is not 
practicable the standard should be changed to four, 
but no residence building should be permitted to be 
built higher than four stories without being made 
completely fire-resistive, viz,, constructed with iron 
beams and girders and incombustible floors and parti- 
tions, as defined in Section 2, Subdivision 17. If local 
conditions indicate the necessity of permitting four- 
story buildings, the following concession may be 
wisely made. In this connection it is significant that 
the great city of Chicago over 10 years ago established 

178 



51 



FIRE PROTECTION 



this standard of 3 stories for the Hmit of height of a 
non-fire-resistive dwelhng, a standard which has been 
successfull\- maintained throughout this period. The 
result has been that Chicago in its residence portions 
has become a "3-story city." This example should 
be controlling for nearly every other city in America. 
What Chicago has done, smaller cities can assuredly 
do. 

The thing for each community to do is to deter- 
mine whether they want their city to be a "3-story 
city" or a "6-story city" — or what; and fix the stand- 
ard accordingly. 

Concession: Change "THREE" to "FOUR" in both Concession 
instances where it occurs in this section. 



Note 3: This section must be read in connection 
with the definitions of cellar and basement as con- 
tained in Section 2, Subdivision 13. In other words, 
if the standard is set at 3 stories, a 3-story and base- 
ment building will have to be fire-resistive; a building 
3 stories and cellar in height will not. This is de- 
liberate, as the basement type of building is not a 
desirable one to encourage for many reasons. Where 
a basement is erected it means that the basement part 
is to be used for living purposes and the equivalent 
of a four-stor\' building is in most cases likel\' to 
result. 

Note 4: This provision will work no hardship to 
an>' class of building, especially if the standard is made 
four stories. The millionaire's mansion will. in no 
case be over four stories high. Apartment houses and 
similar multiple dwellings that are erected over four 
stories high should be fire-resistive. Hotels over that 
height would be fire-resistive an\'how and no one 
would seek anv concession in this direction. 



Explana- 
tion 



§51. Meansof Egress.^ Every"^ multiple-dwelling here- 
after erected exceeding one story in height shall have at 
least two independent^ ways of egress which shall extend 
from the ground floor to the roof, and shall be located re- 
mote from each other, and each shall be enclosed by walls 
or partitions as provided elsewhere in this act. One of 
such ways of egress shall be a flight of stairs-^ constructed 

179 



A MODEL HOUSING LAW §51 

and arranged as provided in sections fifty-four, fifty-five 
and fifty-six of this act. In multiple-dwellings of Class A 
the second way of egress shall be directly accessible^ to 
each apartment, group or suite of rooms without having 
to pass through the first way of egress. In multiple-dwell- 
ings of Class B*^ the second way of egress shall be directly 
accessible from a public hall. The second way of egress 
may be any one of the following, as the owner may elect^ : 

1 . A system of outside balcony fire-escapes constructed 
and arranged as provided in section fifty-two of this act. 

2. An additional flight of stairs, either inside or outside,^ 
constructed and arranged as provided in sections fifty- 
four, fifty-five and fifty-six of this act.^^ 

3. A fire-tower^Mocated, constructed and arranged as 
may be required by the inspector of buildings. ^^ 

Explana- Note i : The plan adopted here differs from the 

tion plan which has heretofore been embodied in many of 

our tenement house laws; namely, a requirement for 
fire-escapes upon multiple dwellings of a certain class. 
Instead of this it has been thought better to adopt the 
practice which has been coming into favor more gen- 
erally in recent years of requiring two ways of egress. 

Note 2: The chief purpose of this is to enable the 
occupants of the building to have quick egress in case 
of fire by a means other than that used ordinarily. 
It is of course essential that these two ways of egress 
shall be independent of each other. It is equally im- 
portant that they shall extend from the entrance floor 
to the roof so that in case egress is cut off on the ground 
floor, access may be had to the roof of the building 
and from there to the roofs of adjoining buildings, 
when they do adjoin. It is also obvious that access 
must be had to the street entrance, as otherwise the ten- 
ants would be left hanging in mid-air and would have 
to be rescued by firemen. If the two ways of egress 
are not independent but are merged at any point ex- 
cept near the entrance of the building, the supple- 
mentary means of exit will lose its value, because in 
the event of the ordinary means of exit being en- 
veloped in smoke or flames the supplementary exit 
would be similarly out of commission. For this 
reason it is especially important that the two ways of 
180 



§ 51 FIRE PROTECTION 

egress shall be remote from each other and that they 
shall be separated by walls or partitions so as to pre- 
vent the spread of smoke or flames from one to the 
other. 

Note 3: The usual t\pe that will be adopted will 
be a front and back stairs, as the back stairs serve 
a useful purpose as service stairs. 

Note 4: It should be noted that the greatest free- 
dom of choice consistent with the safety of the occu- 
pants of the dwelling has been given to the owner. 
One flight of stairs he would naturally provide of his 
own accord, irrespective of any provisions of law, in 
order to give the occupants of the building access to 
their rooms. (In the case of elevator apartment 
houses such stairs would not be necessar>', but even 
here it would generally be provided so as to anticipate 
a situation where the elevators might be out of com- 
mission.) This takes care of one way of egress. The 
other way of egress ma\' be an\' one of three which the 
owner may elect, — another flight of stairs either in- 
side or outside, a system of outside fire-escapes or a 
fire-tower. No reasonable person can object to this 
requirement. 

Note 5: It is of great importance to have these 
supplementary exits, whether fire-escapes or a second 
flight of stairs, easil\' accessible to the occupants of 
the building. The requirement as to accessibilit\- 
differs radically in the two classes of multiple dwell- 
ings. In the first class, namely, the residence build- 
ings, apartment houses, tenement houses, and so 
forth, the second way of egress or fire-escape to be of 
an\- value must be directly accessible to each apart- 
ment. If tenants have to pass through a public hall 
(the other wa\' of egress) to get to the fire-escape it is 
of little value, as experience has shown that the public 
hall invariably becomes filled with smoke and flames 
in such cases almost immediatel\' after the outbreak 
of fire, the hall acting as a gigantic chimney or flue. 
This is a point where there can be no compromise. 
Man\' architects who have not had special experience 
with regard to fires will not realize the importance of 
this point. Others who ma\' be building apartment 
houses and who wish to remove fire-escapes from the 
front of the building in order to maintain the beaut\ 
of its architectural appearance will desire to be per- 

181 



A MODEL HOUSING LAW §51 

mitted to locate fire-escapes oflf the public hall, but 
under no circumstances can this safely be permitted. 
Such fire-escapes would be of little value in this class 
of buildings and loss of life would be sure to result if 
a serious fire broke out. 

Note 6: The requirements are radically different 
in the case of multiple dwellings of Class B; namely, 
hotels and buildings of a similar character occupied 
for transient purposes. While it would be desirable 
to have here a second way of egress or fire-escape di- 
rectly accessible from each room, this is not practicable 
in view of the fact that such buildings are usually 
divided up into a large number of single rooms with 
an occupant in each room. To require any such plan 
of fire protection would practically mean a fire-escape 
balcony at every window. Therefore, in the case of 
hotels and similar buildings access to the fire-escapes 
is required to be had from a public hall. 

Note 7: It is to be observed that the requirement 
for the second way of egress applies to all classes of 
multiple dwellings, both fire-resistive and non-fire- 
resistive, as experience has shown that even in the 
case of a fire-resistive apartment house it is not safe 
to rely upon a single way of egress in case of fire. The 
rooms of such apartments are filled with inflammable 
material in the furnishings and serious fires can result. 

Note 8: Some interests may contend that ele- 
vators should serve as one of the ways of egress. This 
contention is not sound and should not be permitted. 
Elevators can never be counted on in the case of a 
serious fire as a means of getting tenants out, as the 
elevator shaft is apt to become filled with smoke and 
flames at an early stage of the fire. The best fire 
authorities refuse to recognize elevators as ways of 
egress. 

Note 9: In some cities it has become the custom 
to erect two-family houses, tenements and flats with 
a front and rear stairs, the rear stairs being an outside 
stairs, generally of wood, with wooden balconies which 
are utilized, as a rule, as living porches and prac- 
tically add an additional room to the apartments. 
This has become a firmly established type of construc- 
tion in a number of cities and is much desired by the 
tenants. The objections to this form of construction 
have been very fully set forth in the discussion of Sec- 

182 



§5 



FIRE PROTECTION 



tion 41 . Because of the desire to perpetuate this t\pe 
of house, which has become a fixed fashion in man\- 
cities, there will be strenuous opposition to the pro- 
vision of this section which requires the second wa\' of 
egress to be of fireproof construction, and it will be 
very earnestly desired in certain classes of multiple 
dwellings to permit the use of outside wooden stairs 
and balconies. In some cities it may be necessary to 
make some concession. If so, the following concession 
is suggested. Add at the end of Subdivision 2 of Sec- 
tion 5 1 the following: 

Concession: "In the case of multiple-dwellings of Concession 
Class A hereafter erected which do not exceed three stories 
in height and which are not occupied by more than four 
families in all, such additional flight of stairs may be an 
outside stairs of wood with wooden balconies, if located 
on the rear wall of the dwelling and kept entirely unen- 
closed. ^°" 

Note 10: It should be noted that this provision Explana- 
will permit the use of these outside wooden balconies tion 
and stairs in the case of tenements two stories high 




NTERIOR 

OF Building 



Fire Dood^ 
Baucony Solid Floor 
Outside BlDo. Line 




Figure 34 
Fire-Tower 



with two families on a floor and also in the case of 
tenements three stories high with not more than one 
famil\- on a floor, but it will not permit them in build- 
ings exceeding three stories in height or containing 

183 



A MODEL HOUSING LAW § 52 

more than two families on a floor irrespective of 
height. 

Note i i : A fire-tower is a type of construction that 
is highly esteemed by fire authorities, it is generally 
a flight of stairs in a separate tower with a bridge or 
platform thrown across to it from the main building. 
It sometimes consists of an inclined plane or gradient 
of metal highly polished, permitting the occupants of 
the building to sit down upon it and slide to the bot- 
tom, on the method of the "chute the chutes" com- 
mon in many pleasure resorts. This is an excellent 
type of quick escape to get the people to the bottom 
in a short time without injury. When used, care 
should be taken to see that the knob of the entrance 
door giving access to it is located at a sufficient height 
so as to make it impossible for children to use it as a 
day-time plaything. 

§ 52. FiRE-EscAPES. All fire-escapes hereafter erected 
on multiple-dwellings^ shall be located and constructed as 
in this section required. Such fire-escapes shall be located at 
each story the floor of which is TWELVE or more feet above 
the ground. 2 Access^ to fire-escapes shall not be obstructed 
in any way. No fire-escape shall be placed in an inner 
court. ^ Fire-escapes may project into the public highway^ 
to a distance not greater than four feet beyond the building 
line. All fire-escapes shall consist of outside open iron,^ 
stone or concrete balconies and stairways.'^ All balconies 
shall be not less than THREE feet in width. All stairways 
shall be placed at an angle of not more than S 1 XT Y degrees 
to the horizontal, with flat^ open steps not less than SIX 
inches in width and TWENTY-FOUR inches in length and 
with a rise of not more than EIGHT inches. The openings 
for stairways in all balconies shall be not less than 
TWENTY-FOUR by TWENTY-EIGHT inches,^ and 
shall have no covers^^ of any kind. The balcony on the top 
floor, except in the case of a balcony on the street or in the 
case of a peaked roof house, shall be provided with a stairs 
or with a goose-neck ladder leading from said balcony to and 
above the roof ^^ and properly fastened thereto. A drop 
ladder^2 qj- stairs shall be provided from the lowest balcon>' 

184 



§ 52 FIRE PROTECTION 

of sufficient length to reach to a safe hinding place beneath. 
All fire-escapes shall be constructed and erected to safely 
sustain in all their parts a safe load, and if of iron shall re- 
ceive not less than two coats of good paint, one in the shop 
and one after erection. In addition to the foregoing re- 
quirements, all fire-escapes hereafter erected upon multiple- 
dwellings shall be constructed in accordance with such 
supplementary regulations^'' as ma\- be adopted by the 
inspector of buildings or b\' the local legislative body. 

Note i : It should be observed that the require- Explana- 
ments for fire-escapes apply only to multiple dwell- tion 
ings, for the reasons which have been set forth in the 
notes appended to Title 3. 

Note 2: The fire-escapes cannot of course extend 
to the ground, as this would disfigure the front of the 
building, give ready access to thieves and would not 
be practicable. A balcon\' should be located, how- 
ever, at the second story or the first above the ground. 
The point of 12 feet above the ground has been es- 
tablished here as being a reasonable distance and as 
providing for cases in multiple dwellings where there 
is a store on the first floor and a high ceiling is desired. 

Note 3: Access to fire-escapes must be easy. If 
wash tubs, sinks and other fixtures are put in the 
wa>' of the window and the access to the window thus 
narrowed, there may be loss of life. . 

Note 4: Fire-escapes in inner courts are as a rule 
of little value; that is, in an inner court of the mini- 
mum sizes prescribed by this act. There may be 
very large inner courts where this criticism would not 
apply, but such a condition is very rare. The objec- 
tion to a fire-escape in an inner court is that the court 
being enclosed on four sides acts as a flue and in case 
of fire is apt to become filled with smoke. A fire- 
escape in a court is also a detriment in that it en- 
croaches upon the space left open for light and air. 

Note 5 : It is necessary to provide that fire-escapes 
may project into the highway be}ond the building 
line in order to prevent adroit owners from refusing 
to erect fire-escapes on the ground that they are 
encroaching on the public highwaw Without this 
special provision such a contention would be plausible 

185 



A MODEL HOUSING LAW § 52 

and might be sustained by the courts. It is best to 
take no chances. 

Note 6: Wooden fire-escape balconies are of little 
use as they would quickly be consumed if the fire were 
anywhere near the balconies. Iron is what will gen- 
erally be used, although there are cases where owners 
will wish to use stone or concrete in order to make the 
treatment of the front of their building harmonize 
with its general architectural scheme. This of course 
should be permitted. . 

Note 7: Fire-escapes to be effective must consist 
of stairs, not ladders. Women, old people, invalids 
and children cannot use vertical ladders. Even if 
they could go down them they will not think they can 
and the fire-escapes will therefore lose their value as a 
means of giving such persons quick egress from the 
building in case of fire. It is the universal experience 
that where vertical ladders are used firemen invariably 
have to rescue the tenants and carry them down the 
ladders. The stairs will cease to be stairs if they are 
placed at too great an angle so as to be nearly per- 
pendicular. There will be a constant tendency on the 
part of owners to do this as it will make possible 
shorter fire-escape balconies, thus reducing the cost 
and also putting less weight upon the walls of the 
building, but it must not be permitted. Sixty de- 
grees is the maximum angle that should be permitted; 
45 would be better. 

Note 8: The steps must be flat, not round double 
rungs as are put on a ladder, as these will not seem to 
have the security of stairs and heels will catch in them. 
The minimum dimensions herein laid down are 
necessary in order to secure stairs that are not too 
steep or too narrow and that will give a firm foothold. 

Note 9: Fire-escape openings must be large 
enough to permit persons of ordinary size to get 
through them readily. It is surprising what a small 
hole people can get through if they have to. The 
minimum established here has been fixed upon as 
sufficient in most cases. 

Note 10: Covers over the openings of fire-escape 
balconies should not be permitted. Some people will 
want to provide hinged covers because of accidents 
occasioned by people falling through the openings, 
children playing on them, and so forth. When fire 

186 



§53 FJf^E PROTECTION 

comes the covers will be found to be rusted down or 
to be covered over and cannot be moved and people 
will be burned to death. The balconies should be 
kept free and for the purpose of escape in case of fire. 
Fire-escapes are not plavgrounds. 

Note i i : It often happens that owing to the loca- 
tion of the fire, escape is cut off below and tenants 
cannot go down the fire-escape balconies; they there- 
fore must be given a chance to go up and escape from 
the roof to the roof of a neighboring building. That 
is why the goose-neck ladder to the roof is made neces- 
sary. In such cases tenants can be rescued from the 
roof by firemen, or more frequently can flee to adjoin- 
ing roofs. Such a ladder is as necessary at the front 
of a building as at the rear. To require it, however, 
in some cases would mean disfigurement. 

Note 12: Drop ladders are necessary from the 
lowest balconies; otherwise the tenants cannot get 
down. Such ladders should be light in weight, not 
too long, but always long enough to reach to the 
ground. In some cities a type of counter-balanced 
stairs is required; this works on weights and when 
not in use, is kept hanging in the air in a horizontal po- 
sition at the level of the lowest balcony. B>' stepping 
on one of the steps the weight of the body brings the 
ladder into vertical position; this, however, is an 
awkward, heavy and cumbersome device and is ob- 
jected to by property owners as an unnecessary dis- 
figurement to their building, and rightly so. It gets 
out of order quite as frequenth' as a drop ladder, if 
not more so. Drop ladders will often be found rusted 
tight and therefore should be frequentl\' inspected to 
see that the\' are in working order. 

Note 13: All the essential requirements for fire- 
escape balconies, their location and construction, are 
contained in this section. . Other details of their con- 
struction, such as the sizes of iron, methods of bolting, 
and so forth, ma\' be safel\' left to supplementary regu- 
lations to be adopted b\' the inspector of buildings or 
other public official performing similar functions or 
b\' the local legislative authorities. 

§53. Roof Egress; ScuTTLESAND Bulkheads.^ Ever>' 
flat-roofed multiple-dwelling hereafter erected exceeding 
one story in height shall have in the roof a bulkhead^ or a 

187 



A MODEL HOUSING LAW § 53 

scuttle not less than two feet by three feet in size. Such 
scuttle or bulkhead shall be fire-resistive or covered with 
metal on the outside and shall be provided with stairs 
leading thereto and easily accessible^ to all occupants of 
the dwelling. No scuttle or bulkhead shall be located in a 
closet or room, but shall be located in the ceiling of the 
public hall on the top floor, and access through the same 
shall be direct and uninterrupted. 

Explana- Note i : The purpose of this requirement is two- 

tion fold. First, to afford a means of egress to the roof 

of the building and thence to the roofs of adjoining 
buildings and to safety in the event of escape below 
being cut off. This is valuable only in the case of 
flat-roofed houses. Its second purpose is to afford 
a means by which smoke and flames can be quickl\' 
vented. The firemen by pushing up the scuttle and 
venting the smoke and flames can quickly save the 
building, whereas without this the building might be 
destroyed. 

Note 2: The bulkhead is a sort of small penthouse 
or structure on top of the roof; in this case it is an 
enclosure for the stairs leading to the roof. It is 
necessary because without it the stairs cannot extend 
to the roof and afford means of exit that way. It 
should be noted that this provision does not require a 
bulkhead but gives the owner the option of furnishing 
either a bulkhead or a scuttle. A bulkhead with 
stairs leading to the roof of multiple dwellings oc- 
cupied by many families is undoubtedly better than 
a scuttle with a ladder leading to it. The require- 
ment that the scuttle or bulkhead shall be covered on 
the outside with metal is to secure the safety of the 
building in the event of fire in the neighborhood and 
prevent sparks which may blow to the roof from burn- 
ing through the scuttle or bulkhead, as would be 
likely if of wood and unprotected. 

Note 3 : If egress to the roof is to be relied upon it 
must be easily accessible to the occupants of the build- 
ing. If the ladder leading to the scuttle is locked up 
in a closet, the key is apt to be missing when fire 
breaks out and the tenants relying on this means of 
egress would then become trapped in the hallway on 
the top floor. A further provision will be found in 



§§ 54. 5 5 ^^^^ PROTECTION 

Section i 15 prohibiting the locking of an\' scuttle or 
bulkhead with a ke\' for similar reasons. 

§ 54. Stairs and Public Halls. Every multiple-dwell- 
ing hereafter erected shall have at least one flight of stairs 
extending from the entrance floor to the roof, and the 
stairs and public halls therein shall each be at least 
THREE feet wide in the clear. All stairs shall be con- 
structed with a rise of not more than EIGHT inches and 
with treads not less than TEN inches wide and not less 
than THREE feet long in the clear. Winding stairs will 
not be permitted. 

Note: The requirement that the stairs shall afford Explana- 
roof egress has alreadx' been shown to be a necessity, tion 
Three feet is the minimum width appropriate for 
stairs in buildings used b\' man\' occupants, in fact 
this is a little too narrow and man}- owners will build 
stairs wider than this. It is important to limit the 
rise of the stair to not more than 8 inches for two 
reasons: a steeper rise will be found dangerous in 
case of fire, as people running down in a hurry will fall 
and pile themselves up in a mass at the foot; stairs 
steeper than this are also injurious to climb, especially 
in the case of women. Winding stairs are prohibited 
because in case of fire people in their hurry to get out 
are likel\- to fall and pile themselves up in a huddled 
mass at the foot, thus causing injur\' and in many 
cases death. 

§ 55. Stair Halls. In multiple-dwellings^ hereafter 
erected which exceed TWO stories in height or which are 
occupied b\' more than TWO families on any floor above 
the entrance stor>',- the stair halls^ shall be constructed of 
fire-resistive material throughout. The risers, strings and 
balusters shall be of metal, concrete or stone. The treads 
shall be of metal, slate, concrete or stone, or of hard wood"* 
not less than two inches thick. Wooden hand-rails to stairs 
will be permitted if constructed of hard wood. The floors 
of all such stair halls shall be constructed of iron, steel or 
concrete beams and fire-resistive filling, and no wooden 
flooring or sleepers shall be permitted. 

189 



A MODEL HOUSING LAW § 56 

Explana- Note i : Again it should be noted that this pro- 

tion vision for fire-resistive stairs appHes only to multiple 

dwellings and even then only to certain types of mul- 
tiple dwellings. Stair halls in private houses and 
two-family houses can be built of ordinary wooden 
construction. 

Note 2 : it should be observed that there is a double 
condition imposed in this section with regard to the 
class of buildings affected; namely, the building must 
be either over two stories in height or be occupied by 
more than two families on a floor to have the provision 
apply. If either of these conditions exist, then the 
section applies; that is, if the building is a three- 
story building with only one family on a floor the 
stair hall must be fire-resistive. Again, if the building 
is but two stories high and there are three families on a 
floor above the first, the stair hall must be fire-resistive. 
Note 3: The stair halls in multiple dwellings are 
the danger points in case of fire. No matter where 
the fire starts, the invariable experience is that it 
spreads almost immediately to the stair hall, which 
acts as a gigantic flue. Furthermore, this is the 
normal place of escape for the occupants of the build- 
ing. Their first instinct is to rush to the means of 
• egress which they ordinarily use. It is essential, 
therefore, that such portions of the building shall be 
fire-resistive throughout so that when the fire gets 
there it may quickly burn itself out and have nothing 
to feed upon. In buildings constructed as provided in 
this section and with a ventilating skylight over the 
stairs, as is required in Section 39, a fire would quickly 
burn itself out and be vented at the roof, thus insur- 
ing the safety of the occupants. 

Note 4: Hard wood treads are permitted if not 
less than 2 inches thick because such a tread will be 
slow in burning and could not possibly burn through 
before the tenants would have a chance to escape. 
Treads of this kind permit the stairs to have a finish 
which a slate or marble tread does not give; as the 
structure of the stairs is made of iron, stone or con- 
crete, they will in most cases be supported by an iron, 
stone or concrete tread or frame beneath them. 

§ 56. Stair Enclosures. In all multiple-dwellings^ 
hereafter erected which exceed TWO stories in height or 

190 



§ 56 FIRE PROTECTION 

which are occupied b\' more than TWO families on an\' 
floor above the entrance storx, all stair halls shall be en- 
closed- on all sides with walls of brick'^ not less than ei^ht 
inches thick or other approved fire-resistive material of 
sufficient strength, except that one or more sides ma\' be left 
open^ to the street, \ard or court. The doors opening from 
such stair halls shall be fire-resistive and self-closing.'' 'ihere 
shall be no transom or sash or similar opening^ from such 
stair hall to an\- other part of the house. 

Note i : This section applies only to certain classes Explana- 
of buildings, as explained in Notes i and 2 under the j-j^j^ 
discussion of Section 55. 

Note 2 : it has been pointed out in Note 3 under the 
discussion of Section 55 that the stair hall is the^danger 
point in the multiple dwelling. This being so, the 
complete fire-resistive construction of stair halls is the 
ke\stone of the arch of safety of the building, in 
order to prevent fires spreading from stair halls to 
apartments or rooms, — "mushrooming out," as it is 
called, — the stairs must be enclosed in brick walls. 
Where the stair halls are separated from the apart- 
ments by the ordinary lath and plaster partition, the 
fire quickl\' eats its way through it. 

Note 3: It may be asked why these walls are 
limited to brick or other "approved" fire-resistive 
material. The stair hall is so strategic a point in the 
fight against fire that no chances with inferior mate- 
rial can be safely taken here, whatever, may be per- 
mitted in other parts of the dwelling. It is important, 
too, that these walls or partitions should be thick 
enough and strong enough to stand up against water 
pressure in a fierce fire when the hose is turned on 
them. For this reason it is required that the walls 
shall be eight inches thick if of brick, and of sufficient 
strength if of other material. 

Note 4: This exception is made so as to permit 
the use of outside stairs and of "open stairs," or 
stairs with one side open to the outer air. 

Note 5 : The ideal condition would be to have the 
stair hall shut off completel}' from the apartments 
without an\' openings from the stair hall to the apart- 
ments. This, however, is of course impossible, as 
there must be door openings in the walls enclosing 
191 



A MODEL HOUSING LAW § 56 

the Stair hall to give the tenants access to their rooms; 
but these should be the only openings. Transoms 
or windows, either movable or stationary, should 
under no circumstances be permitted, not even when 
they are made of wire-glass. No liberties can be 
taken with this vital point of the building. Each 
opening means weakness. For these reasons it is 
deemed necessary that the doors leading from the 
hall to the apartments shall be both fire-resistive and 
self-closing, so that in the event of fire, if the fire starts 
in an apartment it cannot quickly eat through the 
panels of a wooden door and thus communicate to 
the stair hall and spread throughout the building 
endangering the lives of the occupants; nor, vice 
versa, can the fire eat through from the stair hall to 
the apartments of the tenants. For this reason a 
fire-resistive door is necessary. This does not mean an 
iron door; the ordinary "kalomein'' door is entirely 
adequate; this is a wooden door the edges and sides 
of which have been carefully covered with metal. It 
is a standard fire door recognized by the underwriters 
throughout the country. Many fire authorities con- 
sider it better than a metal door as it is slow-burning 
and will not warp in case of extreme heat as an iron 
door would. The manufacture of metal-covered doors 
has been so perfected that it is difficult for the ordi- 
nary observer to tell them from wood, stained and 
finished as they are to represent oak or mahogany; 
thus they are not an eye sore when used in high- 
grade buildings. 

Note 6: The requirement that the doors shall be 
self-closing is for the purpose of safeguarding the situ- 
ation where a tenant is aroused by a cry of fire or 
smells smoke, opens the door of his apartment leading 
to the stair hall, is met by a gust of smoke or flame 
and rushes back into his apartment and thence to the 
fire-escape, leaving the door from the apartment to 
the hall open, thus permitting the flames to enter the 
apartment and destroy it. The self-closing door 
insures the closing of the door even if the occupant 
becomes panic stricken. This is a very important 
requirement. It involves no material cost, as the 
purposes of the act are met if the door is provided 
with a strong spiral spring or is so hinged as to close 
itself, as can easily be done by giving the hinge a 
slight inclination. 

192 



§§ 57' 58 FI'^E PROTECTION 

§ 57. Entrance Halls. Every entrance hall in a mul- 
tiple-dwelling hereafter erected shall be at least FOUR 
FEET SIX INCHES wide^ in the clear, and shall compl\- 
with all the conditions of the preceding sections as to the 
construction of stajr halls.- In every multiple-dwelling 
hereafter erected, access^ shall be had from the street or 
alle\' to the rear \'ard, either in a direct line or through a 
court or side yard. 

Note i : As the tenants from all the upper stories Explana- 
in case of fire have to use the same entrance hall to get tion 
access to the street, it is obvious that it is necessary to 
have the entrance hall wider than the individual halls 
on each story. The minimum prescribed here is the 
minimum. Most builders will leave a wider entrance 
hall. Five feet is none too wide. 

Note 2: The entrance hall, as it is an essential 
part of the way out of the building in case of fire, will 
of course have to be constructed fire-resistive in the 
same way that the stair halls are at each story. 

Note 3: Access from street to )ard is important 
both as a means of egress for the tenants who may go 
down the rear fire-escapes or rear stairs, and also as 
a means of access to the rear of the building for the 
firemen who may wish to fight the fire from the rear 
of the building and who might be prevented from so 
doing if there were not such rear access. The best 
access is on the ground floor in a direct line from the 
street by extending the entrance hall to the \'ard. 
Sometimes this is not feasible. In such cases the 
next best access is by a tunnel or passageway through 
the cellar in a straight line from the street to the yard. 

§ 58. Dumb-Waiters and Elevators. In multiple- 
dwellings hereafter erected all dumb-waiters and eleva- 
tors shall be enclosed in fire-resistive shafts^ with fire- 
resistive doors at all openings at each story, including the 
cellar. In the case of dumb-waiters such doors shall be 
self-closing.- No elevator shall be permitted in the well- 
hole of stairs-^ but ever\- elevator shall be completel\' sepa- 
rated from the stairs by fire-resistive walls enclosing the 
same. 

13 193 



A MODEL HOUSING LAW 



§59 



Explana- 
tion 



Note i : Any vertical shaft, such as an elevator or 
dumb-waiter shaft, extending throughout the build- 
ing, is a potent means of spreading fire, as it acts as a 
flue, and fire leaps from floor to floor almost im- 
mediately. It is therefore essential for the protection 
of the building that such shafts be jzompletely enclosed 
within fire-resistive walls, with fire doors at all open- 
ings, especially in the cellar, as the cellar is the greatest 
danger point, owing to the accumulation of waste 
materials usually found there. 

Note 2: In the case of dumb-waiters the doors 
should be self-closingfor the reasons pointed out in Note 
6 in the discussion of Section 56. This is not feas- 
ible in the case of elevators, as elevators are equipped 
with sliding doors which cannot be self-closing. 
Nor is there such necessity,, as elevators are always 
operated by some individual who can be relied upon 
to keep the doors closed for purposes of safety. 

Note 3 : Until very recently the practice has been 
general not only in multiple dwellings but in public 
buildings such as oifice buildings, and so forth, of 
locating the elevators alongside the public stairs and 
even in the same well-hole. Recent experience with 
one or two disastrous fires, however, has shown that 
the elevator with its greased tracks is a potent source 
of danger in case of fire and that stairs located along- 
side the elevators are likely to be useless if fire breaks 
out in the region of the elevators. For this reason 
the recent practice not only in housing laws but in 
building codes is to require the elevators to be com- 
pletely separated from the stairs by fire-resistive walls. 



Explana- 
tion 



§59. Cellar Stairs. 1 In multiple-dwellings of Class A 
hereafter erected which exceed TWO stories in height or 
which are occupied by more than TWO famih'es on any 
floor above the entrance story, there shall be no inside 
stairs communicating between the cellar or other lowest 
story and the floor next above, but such stairs shall in 
every case be located outside the building. 

Note i : One-fourth of all fires in multiple dwellings 
start in cellars. These frequently contain much rub- 
bish and waste material, and tenants and sometimes 
outsiders throw matches on the cellar floors. For 
194 



§ 59 F'f^E PROTECTION 

these reasons the cellar is a danger point. In order to 
safeguard the lives of the tenants the cellar should be 
completel\- shut off from the upper parts of the build- 
ing. In the larger buildings this should be done b>' a 
tier of fire-resistive beams and fire-resistive flooring, 
and in all multiple dwellings there should be no inside 
communication between the cellar and the upper 
stories. If there is such communication in the form of 
an inside stairs, a fire which starts in the cellar 
will quickl\- spread throughout the building and 
endanger the lives of the occupants. While it is 
slightl\- inconvenient for tenants to have to go out- 
side of the building into the yard or court to get 
down into the cellar, that inconvenience is not com- 
parable to the danger arising from the other form 
of construction. This inconvenience can be mini- 
mized b)' locating the outside stairs immediately 
adjoining the rear wall of the building or the court 
wall and thus not causing an\' material inconvenience. 
In elevator apartment houses both the elevator shafts 
and dumb-waiter shafts will extend down into the 
cellar, but as these will, under the provisions of Sec- 
tion 58, be entirely enclosed with brick walls and be 
provided with fire doors, the danger of fire spreading 
through this means is practically reduced to a mini- 
mum. 

Note 2: Where serious objection is made to the 
requirement, the following Concession may safely be 
adopted, which it should be noted applies to all 
classes of multiple dwellings and not merely to those 
of Class A. 

Concession: "In multiple-dwellings hereafter erected Concession 
which exceed TWO stories in height or v/hich are occupied 
bv more than TWO families on any floor above the en- 
trance stor\', all inside stairs communicating between the 
cellar or other lowest stor\- and the floor next above shall 
be enclosed with brick walls not less than eight inches 
thick or with walls of approved fire-resistive material of 
sufficient strength, and shall be provided with self-closing 
fire-resistive doors at the bottom and shall not be located 
underneath the stairs leading to the upper stories." 



195 



A MODEL HOUSING LAW §§6o, 6l,62 



Explana- 
tion 



Explana- 
tion 



Explana- 
tion 



§60. Closet Under First Story Stairs. In multiple- 
dwellings hereafter erected no closet of any kind shall be 
constructed under any staircase leading from the entrance 
story to the upper stories, but such space shall be left en- 
tirely open and kept clear and free from incumbrance. 

Note: Closets should not be permitted under 
stairs leading to the upper stories. If they are, waste 
materials will accumulate. Sometimes oily rags will 
be thrown into them by servants, engineers or ten- 
ants. Spontaneous combustion may take place and 
the whole stairs suddenly be on fire. 

§61. Cellar Entrance. In every multiple-dwelling 
hereafter erected there shall be an entrance to the cellar 
or other lowest story from the outside of the said building. 

Note: The purpose of this section is to enable the 
firemen to quickly get at a cellar fire and control it. 

§62. Wooden Multiple-Dwellings.^ No wooden^ 
multiple-dwelling of Class A^ shall hereafter be erected, 
and no wooden building not now so used shall hereafter 
be altered or converted to such use. 

No wooden multiple-dwelling of Class B^ shall hereafter 
be erected exceeding two and one half stories in height, 
and no wooden building^ exceeding two and one half 
stories in height shall hereafter be altered or converted to 
such use. 

Note i : This section deals with a type of construc- 
tion peculiar to New England and the dominant type 
in the city of Boston and its environs. It is known 
as the wooden "three-decker." It is a 3-story tene- 
ment house built of wood, generally with a flat roof, 
frequently with front piazzas and almost invariably 
with rear porches at each story, with an outside rear 
stairs serving as a service stairs. The chief objection 
to it is the conflagration hazard. It is a menace both 
to the community in which it is built and to the 
people that live in it. The building is also a great 
depredator of values and is said to ruin neighbor- 
hoods in which it is placed; for, it is an extremely 
196 



§62 FIRE PROTECTION 

objectionable looking type of house and at once con- 
verts what was a select private residence district into 
a tenement quarter. 

Outside of New England the type is almost un- 
known. The cost of building a 3-story flat with out- 
side walls of brick instead of wood, is so slightly in 
excess of the wooden three-decker that there is really 
no reason for encouraging this objectionable type. 
In fact it is only the initial cost that is greater. The 
brick building is the better investment in the long 
run. For further discussion of this question see paper 
entitled "The Menace of the Three-Decker" by 
Prescott F. Hall, Chairman, Town Improvement Com- 
mittee of the Brookline Civic Society, Brookline, 
Mass., in "Housing Problems in America," Volume 
V. 1916, pages 133 to 152, also National Housing 
Association publications No. 39. 

It is significant that in the Report of a Commission 
appointed by the Mayor of Boston to study Boston's 
Housing Problems, they recommend that the con- 
struction of wooden three-deckers be prohibited in 
future, asking, 

"What Is the Advantage of the Wooden 'Three- 
Decker' Multiple Dwelling? 

"It furnishes reasonably sanitary, well-lighted, well- 
ventilated homes at low rents. Persons of small 
capital can invest in them when they cannot afford 
to take the risk of larger and more expensive buildings. 

" What Are the Disadvantages? 

"The usual wooden 'three-decker' is cheaply built 
and therefore deteriorates rapidly. After the first few 
\ears it is apt to be neglected both by owner and 
tenant. It is unsightly. When a great number of 
these buildings cover a district all other property 
tends to depreciate in the vicinity. And there is of 
necessity a constant fire risk in such a district. 

"What Is the Substitute? 

"Noncombustible walls, or second-class construction. 
With the increasing cost of lumber this type of build- 
ing will not be of much greater cost at the outset. 
At the end of fifteen years the second-class building 
will be worth far more than the wooden building and 
will have before it a much longer future. Wooden 
piazzas or porches may be added to brick or concrete 
buildings for comfort and beauty. A t\-pe of dwelling 

197 



A MODEL HOUSING LAW § 62 

can be provided which is a benefit to landlord, tenant 
and community as well. 

"The committee offers herewith an amendment to 
the present building law forbidding the future erec- 
tion of multiple dwellings of third-class construction/' 

Note 2: In some of the larger cities wooden tene- 
ment houses are permitted. They should not be 
tolerated. They are not only a danger in case of 
fire but when old become a source of sanitary evil, 
filled with vermin and disease germs. No new wooden 
tenement houses are necessary. Where land values 
are so low that brick or concrete cannot be profitably 
constructed tenement houses are not necessary but 
the population can be profitably housed in one-family 
or two-family dwellings. 

Note 3: This section not only prohibits the erec- 
tion of the "three-decker" or 3-story wooden tene- 
ment, but of all wooden tenements. It would there- 
fore prevent the erection of a type known to some 
communities, viz., a two-story wooden building with 
2 families on each floor, or 4 in all. This is deliberate. 
There is really no reason why such buildings should 
be erected. The outside walls can be built of brick, 
concrete or clay products without any difficulty and 
without making the cost of such a building prohibitive. 

Note 4: It will be noted that the erection of wooden 
multiple dwellings of Class B is permitted. The 
reason for this is that it would be a hardship in many 
communities to prohibit the erection of small wooden 
boarding houses, lodging houses and hotels, and espe- 
cially to prohibit the alteration of a private dwelling 
into a small boarding house. All of such buildings, 
however, are very properly limited to two and one 
half stories in height. 

Note 5: The chief opposition to this section will 
come from owners of existing wooden private dwell- 
ings who want to be allowed to convert them into 
multiple dwellings without making any alterations 
whatsoever. They should not be allowed to do so. 
For further discussion of this subject see Note 2 under 
Section 3. 



1 98 



ALTERATIONS 



ARTICLE 111 

ALTERATIONS 

In this article will be found the provisions which must 
be observed when a person proposes to alter an existing 
dwelling. 

Note: At first sight it will seem to many that most gxplana- 
of the provisions in this article are a repetition of pro- ^j^^^ 
visions to be found in Article II. While it is true 
that some of them could be combined with similar 
sections in the article relating to new buildings, they 
have purposel\' been placed in a separate article for 
the sake of greater clarity and greater facilit\' of use. 
One of the chief advantages of this law lies in this very 
fact, that it is so divided into separate parts, that 
it is made possible for different interests to concern 
themselves only with those provisions of the law which 
directly affect them. For example, the owner of an 
existing dwelling will have to concern himself only 
with the maintenance provisions (Article IV) and 
improvements (Article V), and of course the general 
provisions which contain the defmitions (Article I). 
He will not have to wade through the detail of the 
provisions which affect new buildings. Similarly, 
the builder who wants to erect a new dwelling will 
have to concern himself only with Articles I and II, 
and the owner of an existing building in the event of 
his contemplating alterations will have to concern 
himself only with the provisions of this article, 
namely, Article III. 



199 



A MODEL HOUSING LAW 



70,71.72 



Explana- 
tion 



Explana- 
tion 



Explana- 
tion 



§70. Percentage OF Lot Occupied. No dwelling shall 
hereafter be enlarged or its lot be diminished, or other 
building placed on its lot, so that a greater percentage of 
the lot shall be occupied by buildings or structures than 
provided in section twenty of this act. 

Note: It is obvious that it is not fair to permit an 
old dwelling to be altered so as to cover more of the 
lot than would be permitted in the case of a new one. 
The conditions are naturally better in the newer build- 
ing. Failure to safeguard this point would lead to 
the almost complete evasion of the law with respect 
to new buildings as was shown by the experience of an 
Eastern city some years ago, referred to in Note i under 
the discussion of Section 3. This provision not only 
forbids the extension of an existing dwelling beyond 
the limits specified, but also prohibits the erection of 
other buildings or structures on the same lot so as to 
cover more land than is permitted. 

§ 71. Height. No dwelling shall be increased in height 
so that the said dwelling shall exceed the height prescribed 
by section twenty-one of this act. This provision shall 
not apply to hotels as defined in paragraph four of section 
two. 

Note: This does not prohibit the increase in 
height of an existing dwelling but does prohibit such 
increase beyond the limits allowed for new dwellings. 

§ 72. Yards. No dwelling shall hereafter be enlarged 
or its lot be diminished, or other building placed on the 
lot, so that the rear yard or side yard shall be less in size 
than the minimum sizes prescribed in sections twenty-two, 
twenty-three and twenty-four of this act for dwellings 
hereafter erected. 

Note: It should be observed that this does not 
prohibit the alteration or extension of existing dwell- 
ings or the encroachment on an existing yard, but 
only prohibits reduction of the minimum size of a 
rear yard or side yard below the standard estabHshed 
for new dwellings. 

200 



§73 



ALTERATIONS 



§ 73. New Courts in Fxisting Dwellings. • Any 
court hereafter constructed in a dwelling erected prior to 
the passage of this act and used to light or ventilate 
rooms,- public halls or water-closet compartments shall be 



Y/\CiD 




Figure 35 
New Court in an Old Building 



not less in its least horizontal dimension in an\- part than 
ONE THIRD of its height measured as prescribed in sec- 
tion twent\-five and such court shall under no circum- 
stances be roofed or covered over with a roof or sk\iight. 
Ever\' such court, if an inner court, shall be provided at 

201 



A MODEL HOUSING LAW §§ 74, 75 

the bottom with one or more horizontal air-intakes con- 
structed and arranged as provided in section twenty-seven 
of this act. 

Explana- Note i : This section prescribes the Hmits in width 

tion ^rid area of a new court which may be hereafter con- 

structed in an existing dwelhng to provide Hght and 
ventilation for rooms, public halls or water-closets. It 
will be noted that this requirement corresponds to 
the requirement for courts in new dwellings. 

Note 2: This section assumes especial significance 
in connection with the requirement contained in Sec- 
tion 120, where a scheme is laid down for the bringing 
of light and air into the inner dark, windowless rooms 
which exist in so many cities. There are two methods 
by which such rooms can be improved. The simpler 
and cheaper method is the one outlined in Section 1 20 ; 
namely, the cutting in of a window in the partition 
between the inner and outer room. There will be 
cases, however, where the owner desires to make 
greater improvements than this and to construct a 
small court in the building for the purpose of lighting 
the inner rooms and also the new water-closets which 
he intends installing in the building in cases where 
there have been vaults or similar receptacles out of 
doors and where, under the provisions of Section 124, 
these have to be removed. In such instances it is to 
the owner's interest, as well as greatly to the interest 
of the tenants, to have a small court constructed in 
the building. 

§ 74. Additional Rooms and Halls. Any additional 
room or hall that is hereafter constructed or created in a 
dwelling shall comply in all respects with the provisions of 
article two of this act, except that it may be of the same 
height as the other rooms or hall on the same story of the 
dwelling. 

Explana- Note: This is a necessary provision, as otherwise 

tJQn apartments and rooms in existing dwellings could be 

subdivided and dark rooms and rooms too small in 

size could be created. 

§ 75. Rooms and Halls, Lighting and Ventilation of. 
No dwelling shall be so altered or its lot diminished that 

202 



t 



75 



ALTERATIONS 



any room or public hall or stairs shall have its light or ven- 
tilation diminished in an\' way not approved by the health 
officer. 

Note: It has been found necessary to enact this ].]xplana- 
" drag-net" provision, as it is not always possible to ^j^^-^ 
state in detail all of the circumstances which ma>' 
arise in connection with the alteration of the interior 
of existing dwellings. Without such a provision it 
has been found that alterations which prove injurious 
tothewelfareof the occupants areoften brought about. 
For example, an extension could be added to an exist- 
ing dwelling in such a way as greatly to diminish the 



REAR. VAKD 



w w 




Street 
Defore Alteration 

"A" 15 LIQHT 




street 

„ „ After ^ NEW Rooms 

B.S^'CarE APDED-'A"lS DARK 



Figure 36 



light and ventilation of existing rooms, although the 
new rooms thus created might have adequate light 
and ventilation. The above diagram illustrates 
this. A represents an existing room which, before 
the extension was added, was flooded with light and 
air. Since the addition of the extension and the crea- 
tion of two new rooms, B and C, A has become almost 
uninhabitable, though rooms B and C are strictly 
legal and are desirable rooms. 

In a similar way without a provision of this kind 
it would be possible where an existing public hallway 
extends to the rear of the dwelling, running through 
from the street to the \'ard and thus affording ample 
light and ventilation, to shut this off and make a room 
at either end of the hall, thus making the hallway 
203 



A MODEL HOUSING LAW 



§§76,77 



dark and without ventilation. Figure 37 illustrates 
this. The left-hand diagram shows the hallway as it 
was originally. The right-hand diagram shows the 
same public hallway after this undesirable alteration. 



KJEAfS. YARD 







HAIL LIG-HT 
EXTENDS TO YARD 




HALL VAQ.K 
ROOM BUILT ACROSS END 



Figure 37 



Explana- 
tion 



§ 76. Alcoves and Alcove Rooms. No part of any 
room in a dwelling shall hereafter be enclosed or sub- 
divided, wholly or in part, by a curtain, portiere, fixed 
or movable partition or other contrivance or device, unless 
such part of the room so enclosed or subdivided shall con- 
tain a window as required by sections thirty-one and thirty- 
two of this act, and have a floor area not less than that 
required by section thirty-three. 

Note: The necessity for not permitting dark al- 
cove rooms has been fully discussed in the notes under 
Section 35. It is apparent that if we do not wish to 
have new dark rooms created in the future there must 
be a provision of this kind to prevent the alteration 
of rooms in this way. 



§ 77. Skylights. All new skylights hereafter placed in a 
multiple-dwelling shall be provided with ridge ventilators 
having a minimum opening of FORTY square inches and 
also with either fixed or movable louvres or with movable 
sashes, and shall be of such size as may be determined to 
be practicable by the health officer. 

204 



§ 78 ALTERATIONS 

Note: It should be noted that this provision re- Explana- 
quires no change in existing sk>iights. It applies ^jq^ 
only to those which may hereafter be placed in an 
existing house; it also applies only to multiple dwell- 
ings. This is an attempt to improve the existing con- 
ditions of light and ventilation, especially ventilation, 
in the dark hallwa>s of existing multiple dwellings. 
The conditions vary so greatly in different buildings 
that experience shows it to be unwise to attempt to 
outline in the law in precise terms the exact condi- 
tions which must be observed. 

§78. Water-Closet Accommodations. Every^ water- 
closet hereafter placed in a dwelling, except one pro- 
vided to replace a defective or antiquated fixture- in the 
same location, shall comply with the provisions of sec- 
tions thirty-seven, forty-seven and forty-nine of this act 
relative to water-closets in dwellings hereafter erected. 
Except that in the case of a new water-closet installed on 
the top floor of an existing dwelling,'^ a ventilating sky- 
light open to the sky may be used in lieu of the windows 
required by section thirty-seven. 

Note 1 : It is obvious that it will not do to permit Exulana- 
new water-closets to be placed in old buildings located ^.-^J^ 
in the dark, or with antiquated fixtures, or without 
• waterproof floors, or in other ways to perpetuate the 
evils of the older t>pes of fixtures. 

Note 2: An exception is properlv' made in the case 
where a new fixture is put in to replace a defective 
or antiquated fixture, provided it is in the same loca- 
tion. For instance, there will frequentl\' arise cases 
where there are broken fixtures located in compart- 
ments which are not lighted and ventilated directl)' 
to the outer air. The health of the occupants of the 
house requires the broken fixture to be taken out and a 
new fixture substituted. Unless this provision were 
made it would be unlawful to replace the old fixture 
because the closet is not lighted and ventilated to the 
outer air. From an ideal point of view it would be 
desirable to require all existing water-closets which 
are not now lighted and ventilated to the outer air 
to be abandoned and a new location found for them, 
205 



A MODEL HOUSING LAW 



79, 80 



Explana- 
tion 



but this is not a practicable plan, as it involves too 
great an expenditure of money and sacrifice of space 
on the part of the owner for the results obtained. 

Note 3 : It is often desired to construct a new bath 
room or place an additional water-closet on the top 
floor of an existing dwelling in a location where there 
will not be a window to the outer air but a skylight 
can be used instead. Ample light and air can thus 
be obtained and there is no harm in permitting this 
to be done. This assumes especial importance in 
connection with the removal of privy vaults required 
under Section 124. This important work will be 
greatly facilitated if owners realize that they can 
place the water-closets that are to be substituted for 
the privy vaults on the top floor of the building and 
light and ventilate them by ventilating skylights in 
the roof. No attempt has been made to lay down in 
the law the minimum size of the skylight or the amount 
of ventilation to be secured, as there would be no 
object on the part of the owner in reducing this below 
a proper standard. 

§ 79. Fire-Resistive Dwellings. No dwelling shall 
hereafter be altered so as to exceed THREE stories in 
height unless it shall be a fire-resistive dwelling. 

Note: This section prohibits the extension in 
height of an existing dwelling above the limits pre- 
scribed for new dwellings laid down in Section 50. If 
the limit of height there established is changed from 
three stories to something else, the standard in this 
section should be similarly changed to correspond. 



Explana- 
tion 



§ 80. FiRE-EscAPES. All fire-escapes hereafter con- 
structed on any multiple-dwelling shall be located and 
constructed as prescribed in section fifty-two of this act. 

Note: This section in no way affects existing fire- 
escapes. It applies only to those which may be here- 
after erected upon a multiple dwelling. It is obvious 
that all new fire-escapes that are constructed in the 
future, whether upon a new dwelling or an old one, 
if the fire-escapes are themselves new, should conform 
to the provisions of the law with regard to fire-escapes 
on new dwellings. 

206 



§§81,82,83,84,85 ALTERATIONS 

§ 81 . Roof Stairs. No stairs leadinp^ to the roof in any 
multiple-dwelling shall be removed or be replaced with a 
ladder. 

§82. Bulkheads. Every bulkhead hereafter con- 
structed in a multiple-dwelling shall be constructed fire- 
resistive or covered with metal on the outside. 

Note: The reasons for requiring bulkheads to be Explana- 
covered with metal on the outside have been full\ tion 
set forth in the discussion under Section 53. 

§ 83. Stairways. No public hall or stairs in a multiple- 
dwelling shall be reduced in width so as to be less than the 
minimum width prescribed in sections fifty-four and fifty- 
seven of this act. 

§ 84. Dumb-Waiters and Elevators. All dumb- 
waiters and elevators hereafter constructed in multiple- 
dwellings shall be enclosed in fire-resistive shafts with fire 
doors at all openings at each story, including the cellar, in 
the case of dumb-waiters such doors shall be self-closing; 
and such shafts shall be completely separated from the stairs 
b\' walls of approved fire-resistive material enclosing the 
same. 

Note: This section does not apply to dumb-waiter Explana- 
shafts or elevator shafts which are already in existence, tion 
but only to new ones which may be installed after 
the act takes effect both in new dwellings and in 
existing ones. The reasons for this requirement have 
been full\' set forth in the discussion underSection 58. 

§85. Alteration of Existing Wooden Multiple- 
Dwellings. No existing wooden multiple-dwelling of 
Class A^ shall hereafter be enlarged, extended or raised, 
except that a wooden extension not exceeding a total area 
of seventy square feet may be added, provided such ex- 
tension is used solel)' for bath rooms or water-closets. Nor 
shall an\' such existing wooden multiple-dwelling be so 
altered or have its occupanc\' so changed as to be occupied 

207 



A MODEL HOUSING LAW §86 

by more than one family on any floor. No existing wooden 
multiple-dwelling of Class B'^ shall hereafter be increased 
in height so as to exceed two and one-half stories in height. 

Explana- Note i : As new tenement houses constructed of 

^JQjj wood are entirely forbidden, it is obvious that the 

increase in height of existing wooden tenement houses 
should not be permitted. It will not do, however, to 
prohibit absolutely any alteration to such buildings. 
Additions will of necessity have to be made in some 
cases, especially where privy vaults are removed and 
water-closets are installed. It would be absurd to re- 
quire the new extension to a wooden tenement house 
in which water-closets are to be located to be of brick. 
On the other hand, there are limits which should be 
strictly observed. It will not do to permit the in- 
definite extension of wooden tenement houses or any 
material increase in the number of families living in 
such dangerous buildings. It is therefore wise to pro- 
hibit their alteration so that they will not be occupied 
by more than one family on a floor. This does not 
mean that the existing wooden tenement house which 
now houses two or even more families on a floor can- 
not be altered at all. The language is precise. It 
means that the house shall not be so altered as to pro- 
vide accommodations for more than one family on a 
floor if these accommodations are not there at the 
time the law takes effect. The objections to wooden 
tenement houses have been fully set forth in the dis- 
cussion under Section 62. 

Note 2: It obviously will not do to permit exist- 
ing wooden boarding houses and hotels to be altered 
to exceed two and one half stories in height, when 
the erection of new ones beyond that height is pro- 
hibited under Section 62. 

§86. Wooden Buildings on Same Lot With a Mul- 
tiple-Dwelling. No wooden building of any kind what- 
soever shall hereafter be placed or built upon the same lot 
with a multiple-dwelling within the fire limits, and no 
existing wooden structure or other building on the same 
lot with a multiple-dwelling within the fire limits shall 
hereafter be enlarged, extended or raised. 

208 



§ 86 ALTERATIONS 

Note: This section is intended to prohibit the Explana- 
erection of wooden sheds and out-buildings and sim- tion 
ilar unsightly and dangerous structures on the same 
lot with multiple dwellings in the built-up portions 
of cities. .Such structures are a menace in case of 
fire and are also objectionable for sanitary reasons. 
They are subject to rapid decay and become harbor- 
ing places for dirt, disease germs and vermin. 



14 209 



A MODEL HOUSING LAW §§90,91 



ARTICLE IV 

MAINTENANCE 

In this article will be found the provisions which an 
owner must observe with regard to the maintenance of a 
dwelling. 

§ 90. Public Halls, Lighting of in the Daytime. In 
every multiple-dwelling where the public halls and stairs 
are not in the opinion of the health officer sufficiently 
* lighted, the owner of such dwelling shall keep a proper 
light burning in the hallway near the stairs upon such 
floors as may be necessary from sunrise to sunset. 

Explana- Note: This provision is for artificial light in the 

^Jqjj daytime. In some houses ^yhere the halls and stairs 

do not have windows to the outer air or are lighted 
and ventilated by courts too small in size the halls are 
often dark in the daytime. Owing to the varying 
conditions which exist in the different types of old 
houses, it is not wise to attempt to prescribe definitely 
in the law the exact conditions under which it shall 
be necessary to keep artificial light burning. This is 
a case where the matter must be left to the intelligence 
and common sense of the health officer. It is greatly 
to the interest of owners to comply with this section; 
otherwise, in the event of injuries resulting to a tenant 
through falling on the stairs, the landlord would be 
liable for damages. The requirement is limited to 
multiple dwellings. 

§ 91 . Public Halls, Lighting at Night. In every mul- 
tiple-dwelling a proper light shall be kept burning by the 
owner in the public hallways near the stairs upon each 
floor every night from sunset to sunrise throughout the 
year if so required by the health officer. 

210 



§92 



MAINTENANCE 



Note: This is a provision for lighting the pubHc Explana- 
halls and stairs at night. It appHes oni\' to multiple tion 
dwellings and is important from the point of view of 
protection against fire and also from the point of view 
of morality. Where halls are dark, especially in 
tenement houses, tenants and visitors are apt to 
strike matches to find their wa\', often throwing the 
match on the floor before it is fully extinguished. 
Man\- fires start in this way. Dark halls have also 
been found to encourage immoral practices. It has 
not been attempted to state precisely in the act the 
conditions under which the light shall be kept burning. 
As in the preceding section, it is left to the intelligence 
and common sense of the health officer. In some 
multiple dwellings of the higher class it is unnecessary 
to maintain a light all night. In others it is essen- 
tial. 



§ 92. Water-Closets in Cellars. No water-closet 
shall be maintained in the cellar^ of any dwelling without 
a permit in writing from the health officer, who shall have 
power to make rules and regulations governing the main- 
tenance of such closets. Under no circumstances shall the 
general water-closet accommodations of any multiple- 
dwelling be permitted in the cellar or basement thereof; 
this provision, however, shall not be construed so as to 
prohibit a general toilet room^ containing several water- 
closets, provided such water-closets are supplementary' 
to those required by law. 



Note i : No city should permit the maintenance 
in the cellar of the general water-closet accommoda- 
tions of a multiple dwelling. From a sanitar\' point 
of view nothing could be worse. The objections to 
the cellar water-closet have been fully set forth in the 
discussion under Section 47. it is sometimes neces- 
sary, however, to permit individual water-closets in 
cellars. There ma\' be stores on the ground fioor and 
no space for the water-closet there. There ma\' be 
janitors' apartments in the cellars and there must be 
single water-closets there, but the health officer should 
have the power to see that all water-closets are main- 
tained under proper conditions. 
21 1 



Explana- 
tion 



1 



A MODEL HOUSING LAW 



§93 



Note 2: The necessity for excepting a general 
toilet room in a high-class hotel where the closets in 
the toilet room are supplementary to those required 
by law has already been discussed under Section 47. 

§93. Water-Closet Accommodations. In every dwell- 
ing existing prior^ to the passage of this act there shall 
be provided at least one water-closet for every TWO 
apartments, groups or suites of rooms, or fraction thereof .^ 
Except that in multiple-dwellings of Class B^ there shall 
be provided at least one water-closet for every FIFTEEN 
occupants or fraction thereof. 

Explana- Note i : It should be observed that this section 

tion deals with the sufficiency of water-closet accommoda- 

tions in dwellings existing prior to the passage of the 
act. So far as new dwellings are concerned this sub- 
ject is taken care of in Section 47. The ideal require- 
ment would be to have in all multiple dwellings, both 
old and new, especially those of a residential character, 
one water-closet for every family. This is requisite 
not only for decency but for health. The public 
water-closet is a potent source of spreading venereal 
disease and where responsibility for its use is divided, 
experience shows that it is nearly always kept in a 
neglected and unsanitary condition. It would be 
deemed extreme in some cases, however, to impose 
this requirement on owners of existing houses. One 
water-closet for every two famihes, however, is only 
what decency requires. Nothing less than this should 
be tolerated. The family or the apartment in the 
case of buildings of this type is the best basis of meas- 
urement. One water-closet to so many occupants is 
difficult of enforcement, as the number of occupants 
in such houses is a variable element. The number 
of apartments in the building, which is practically 
the number of families, is on the other hand a con- 
stant factor. If it is found practicable to raise the 
standards and require one water-closet for every 
family, the following variation is suggested: 

Variation Variation: Strike out the words "two apartments, 

groups or suites" and insert "apartment, group or suite" 

212 



§ 94 MAINTENANCE 

Note 2: It should be observed that where there are Explana- 
not a sufficient number of water-closets alread\' in ^Jq^ 
existence for the number of apartments in the build- 
ing and it is necessar\' to provide new water-closets, 
the new water-closets will have to conform to the re- 
quirements of Sections 37, 47, and 49 as provided in 
Section 78. 

Note 3: In the case of multiple dwellings where 
the occupanc\' is of a transient nature, such as hotels, 
boarding houses, lodging houses, and so forth, namely, 
those of Class B, it is not practicable to require one 
water-closet for each group of rooms, as the rooms are 
apt to be let singlw Theonlx' standard that can be 
fixed here is on the basis of the number of occupants. 
This is not a satisfactory standard but will on the 
whole give reasonably satisfactory results. One closet 
for every 15 persons is the minimum. A similar re- 
quirement will be found in most of the labor laws of 
the country in the regulations for factories where 
many people are employed. 

§ 94. Basement and Cellar Rooms. No room in the 
cellar^ of any dwelling^ erected prior to the passage of 
this act shall be occupied for living purposes. And no 
room in the basement of any such dwelling shall be so 
occupied without a written permit-^ from the health 
officer, which permit shall be kept readily accessible in 
the main living room of the apartment containing such 
room. No such room shall hereafter be occupied unless 
all the following conditions are complied with: 

(i) Such room shall be at least SEVEN feet high in 
every part from the floor to the ceiling. 

(2) The ceiling of such room shall be in every part at 
least THREE FEET SIX INCHES above the surface 
of the street or ground outside of or adjoining the same. 

(3) There shall be appurtenant to such room the use of 
a water-closet. 

(4) At least one of the rooms of the apartment of which 
such room is an integral part shall have a window opening 
directly to the street or yard, of at least TWELVE square 



213 



A MODEL HOUSING LAW 



§94 



1 



Explana- 
tion 



Concession 



Explana- 
tion 



feet in size clear of the sash frame, and which shall open 
readily for purposes of ventilation. 

(5) The lowest floor shall be water-proof and damp- 
proof. 

(6) Such room shall have sufficient light and ventilation, 
shall be well drained and dry, and shall be fit for human 
habitation.^ 

Note i : There is no city in America except New 
York which needs to countenance the occupancy of 
cellar rooms for living purposes. Most cellar rooms 
are unfit to be used as living places by human beings; 
nor is there in many cities such lack of living accom- 
modations, or pressure of population or inability 
to spread out as to make necessary going underground 
for homes. Notwithstanding these facts it is sur- 
prising to find the extent to which cellar rooms are 
occupied for living purposes in many of our cities. It 
is because no effort has been made to prevent this 
evil. Such rooms are generally low priced and there 
are always plenty of people who will live under any 
conditions, no matter how bad, if they are permitted 
to. This evil should be dealt with with a stern hand. 
If, however, it is felt necessary to make concessions 
in this respect and to permit the occupancy of rooms 
in cellars, the following concession might be con- 
sidered. (There are a few cellars under exceptional 
conditions which can be safely occupied.) 

Concession: After the fifth word "cellar'' insert the 
following: "or basement" and strike out the period after 
"purposes'' and also the following words: "And no room 
in the basement of any dwelling shall be so occupied" 

Note 2: It should be noted that this section re- 
lates solely to rooms in cellars and basements already 
in existence at the time the act takes effect. The 
conditions which govern the occupancy of cellar and 
basement rooms in new dwellings will be found in 
Sections 42 and 43 and in those other provisions of 
Article II which deal with the size and ventilation of 
rooms, and so forth. 

Note 3: In order to prevent the continuance of 
improper conditions it is essential that the health 
214 



§§95»96 MAINTENANCE 

officer should have complete control over the occu- 
pancy of basement and cellar rooms at all times. This 
can best be secured b\' requiring a written permit 
from the health officer stating that such rooms can be 
occupied. It is also desirable to require that a cop>' 
of the permit shall be kept in one of the rooms of the 
apartment so that it can be seen by anvone inspecting 
the rooms as occasion may require. 

Note 4: The essential conditions which make a 
basement room fit for occupancy are that the rooms 
shall be suffkientl\' high, shall be reasonably above 
ground, shall have proper light and ventilation and 
be free from dampness. Certain definite standards 
are therefore established in this section. It is rec- 
ognized, however, that these standards may be ob- 
served and \et, owing to some reason unforeseen, the 
rooms may not be fit for human occupancy. The 
health officer should under such circumstances be 
free to refuse a permit, to forbid their occupancw 
The "drag-net" clause requiring that the rooms shall 
have sufficient light and ventilation, shall be well 
drained and dr\-, and shall be fit for human habita- 
tion is therefore added. Under the terms of this 
latter provision if any basement rooms are occupied 
that are not fit for occupanc\', the fault will rest with 
the health officer who can be quickl\' called to ac- 
count. 

§95. Cellar Walls and Ceilings. The cellar walls 
and cellar ceilings of every dwelling shall be thoroughl\- 
whitewashed or painted a light color and shall be so 
maintained. Such whitewash or paint shall be renewed 
whenever necessary, as may be required by the health 
officer. 

Note: This is a sanitary measure. A coat of ^^ ^ 
whitewash on cellar walls and ceilings will do wonders ^[^^ 
as a germ destroxer. It will also lighten up dark cel- 
lars and thus show up dirt and rubbish as it accumu- 
lates. The cost of a coat of whitewash is negligible. 
This section applies to cellar walls, not to basement 
walls. 

§96. Water-Closets and Sinks. In all dwellings the 
floor or other surface beneath and around water-closets 

215 



Explana- 



A MODEL HOUSING LAW § 97 

and sinks shall be maintained in good order and repair 
and if of wood shall be kept well painted with light colored 
paint. 

Explana- Note: The purpose of this requirement, especially 

tion the painting of the woodwork underneath water- 

closets and sinks, is to insure the keeping of these 
places in a sanitary condition. As they are frequently 
in the dark, where accumulations of dirt and fi-lth do 
not show, the painting of the floor surface underneath 
them with white paint will at once show up such 
accumulations, thus leading to their removal. Objec- 
tion may be raised to this provision in its application 
to high-class private dwellings, where the owners of 
such houses have a good hardwood floor in their 
bathrooms and object to having a square of white 
paint under the water-closet fixture. Where such 
objection is raised and is raised seriously the following 
concession is suggested: 

Concession Concession: Omit everything after the word "re- 

pair." 

§ 97. Repairs. Every dwelling and all the parts thereof 
shall be kept in good repair by the owner, and the roof 
shall be kept so as not to leak, and all rain water shall be so 
drained and conveyed therefrom as not to cause dampness 
in the walls or ceilings or nuisance to adjacent buildings. 

Explana- Note: In some cities the requirement is made that 

^•qjj not only rain water shall not cause dampness in the 

walls or ceilings but that it shall be conveyed from 
the premises so as to prevent the water from dripping 
on the ground. This means that a system of rain 
leaders and gutters must be provided on the outside 
of the building and these in turn either connected 
with the sewer or the plumbing system of the build- 
ing, where there is one, or conducted to the street by 
means of a gutter under the surface of the yard or 
court. This is a perfectly proper provision but in the 
smaller communities where the customary method is 
to permit the water to drip on the ground, objection 
is made to it out of all proportion to the benefits to 
be obtained. Where it is possible to require that the 
216 



§98 MAINTENANCE 

water shall not drip on the ground it is highly de- 
sirable and the following variation is therefore sug- 
gested. After the words "and conveyed therefrom 
as " strike out the rest of the section and insert the 
following: 

Variation: "to prevent its dripping on to the ground Variation 
or causing dampness in the walls, ceilings, yards or areas, 
or nuisance to adjacent buildings." 

§98. Water-Supply.^ Where a public water-supply is 
reasonabl\' accessible as provided in section nine of this 
act^ every dwelling shall have within the dwelling at least 
one proper sink with running water furnished in sufficient 
quantit\- at one or more places exclusive of the cellar.'^ In 
two-family dwellings and multiple-dwellings of Class A 
there shall be at least one such sink on every floor, accessi- 
ble to each family on the floor occupied by said family 
without passing through any other apartment.^ The 
owner shall provide proper and suitable tanks, pumps or 
other appliances'* to receive and to distribute an adequate 
and sufficient supply of such water at each floor in the said 
dwelling at all times of the year, during all hours of the 
da\' and night. But a failure in the general supply of city 
water shall not be construed to be a failure on the part of 
such owner, provided proper and suitable appliances to 
receive and distribute such water have been provided in 
said dwelling. 

Note i : A plentiful supply of pure water is prob- Explana- 
ably the greatest essential of modern civilization, tion 
far more important than protection against fire or 
the elements. Without an adequate supply of water 
we cannot expect to have good citizens. Cleanliness 
is in this instance above godliness or rather part of 
it. Most of the unsanitary and disgraceful condi- 
tions which are found in the slums of our cities are 
due to the lack of a proper water supply within the 
dwelling convenient of access to all the tenants. 
Where all the water that must be used can be had 
onl\' from a h\'drant in the vard or from some neigh- 

217 



A MODEL HOUSING LAW §90 

boring yard and has to be carried up three or four 
flights of stairs, cleanhness is at a premium; not 
only cleanhness of the person but cleanliness of the 
dwelling. The unregenerate slum landlord will 
strenuously object to furnishing water inside the 
house but we are on safe ground in insisting on no 
abatement in this provision. It was a similar pro- 
vision enacted in New York state in 1887 that was 
tested and went to the Court of Appeals, which re- 
sulted in the decision known as the case of Health 
Department vs. Rector, 145 N. Y., where the re- 
quirement to furnish water inside the building in all 
existing tenement houses was not only sustained but 
a decision was rendered by that court which greatly 
strengthened the authority of the police power 
generally throughout the country. 

Note 2: Sanitary conditions will not result if the 
only source of water supply is a sink in the cellar. 
Such sinks are bound to be located in the dark and 
be subject to abuse. They are also too convenient 
of access to passersby and neighbors and for this 
reason are likely to be abused. It is also imposing 
on the tenants on the top floor too great a burden to 
have to carry water from the cellar to the top story. 

Note 3: It should be noted that this provision 
does not go to the extent of requiring a separate sink 
in each apartment, though this is highly desirable. 
In new dwellings (Section 46) this is required, but it 
might be considered a hardship to impose a similar 
requirement in the case of the older buildings. What 
is required, however, is that there shall be at least 
one sink with a proper supply of running water inside 
of each dwelling, and that in the case of tenement 
houses, flats and apartments, and similar buildings 
there shall be such a sink inside of each apartment 
or in the public hall accessible to all the families on 
that floor. 

Note 4: The requirement that the owner shall 
provide proper and suitable tanks and other appli- 
ances means that he shall provide faucets at the sinks, 
and that when the city water pressure is not adequate 
to supply water to the top floors he must install a 
system of tanks, or pumps, or some other mechanism 
that will insure an adequate supply for such floors 
at all times. This is essential not only for reasons 

218 



§§99' '00 MAINTENANCE 

of cleanliness and moralit\' but especially important 
in case of fire. 

Note 5: This section is of course subject to the 
limitations of there being a communal water supply 
in the town and must be read in connection with 
Section 9. 

§99. Cisterns and Wells. Where there is no city 
water-suppl\' reasonably accessible as provided in section 
nine, there shall be provided one or more adequate cisterns 
or wells with a pump or other attachment for drawing 
water, but with no opening for drawing water with pails 
or buckets. Such cisterns or wells shall be furnished of 
such size and number and constructed and maintained in 
such manner as may be determined by the health officer. 

Note: This is necessary in undeveloped communi- Explana- 
ties of a suburban or rural character where there is tion 
no communal water supply and where it is necessary 
to utilize cisterns or wells. It has not been thought 
wise to attempt to outline in the law the detailed re- 
quirements as to the size or number of such cisterns 
or wells, but these details have necessarily been left 
to the local health officer. 

§ 100. Catch-Basins. In the case of dwellings where, 
because of lack of city water-supply or sewers, sinks with 
running water are not provided inside the dwellings, one 
or more catch-basins or some other approved convenience 
for the disposal of waste water, as may be necessary in 
the opinion of the health officer, shall be provided in the 
)ard or court, level with the surface thereof and at a point 
eas)' of access to the occupants of such dwelling. 

Note: This is a provision similar to the preceding Explana- 
. . one and applies in similar communities where there tion 
is no city water or no sewer system, and where some 
system of disposing of waste water, and so forth, 
other than carrying it down and dumping it in the 
yard or emptying it out of the window should be pro- 
vided. Catch-basins are a necessary temporary 
evil and should not be tolerated one moment beyond 
the introduction of a water and sewer system. The 
219 



A MODEL HOUSING LAW §101 

catch-basin that is referred to here is a small iron 
basin or grating sunk in the ground into which waste 
water can be emptied and can drain under the surface 
of the ground. 

§101. Cleanliness of Dwellings. Every dwelling 
and every part thereof shall be kept clean and shall also 
be kept^ free from any accumulation of dirt, filth, rubbish, 
garbage or other matter in or on the same, or in the yards, 
courts, passages, areas or alleys connected with or be- 
longing to the same. The owner^ of every dwelling, and 
in the case of a private-dwelling the occupant thereof, 
shall thoroughly cleanse or cause to be cleansed all the 
rooms, passages, stairs, floors, windows, doors, walls, 
ceilings, privies, water-closets, cesspools, drains, halls, 
cellars, roofs and all other parts^ of the said dwelling, or 
part of the dwelling of which he is the owner, or in the 
case of a private-dwelling the occupant, to the satisfaction 
of the health officer, and shall keep the said parts of the 
said dwelling in a cleanly condition at all times. But 
this section shall not be construed^ to require the owner 
to keep clean the individual apartments of a two-family 
dwelling or a multiple-dwelling of Class A, except where 
such apartments are unoccupied. It shall be the duty of 
each occupant to keep the portion of the dwelling occu- 
pied by him and over which he has control in a cleanly 
condition at all times. 

ExDlana- Note i : This is an important provision and places 

|.Jq^ upon the owner of all dwellings other than private 

dwellings the responsibility for the cleanliness of the 
building and premises. In the case of a private 
dwelling it is obvious that it is more reasonable to 
hold the occupant responsible. This provision, how- 
ever, must be read in connection with Section 145 
which provides that if an occupant of a dwelling fails 
to comply with the provisions of the act he may be 
summarily evicted, in which event, the house being 
vacant, the health officer would look to the owner 
to clean up the unsanitary conditions before a new 
tenant is taken. 

220 



§ 102 MAINTENANCE 

Note 2: It should be noted that in this section 
there is a detailed enumeration of all the various 
parts of the dwelling which are to be kept clean. 
While such enumerations are generally dangerous, 
this is safeguarded bv adding the general "drag-net" 
provision at the end embracing every other part 
which ma\- have been forgotten. There is a distinct 
advantage in this case in this detailed enumeration 
as it tends to indicate to the courts and to the en- 
forcing officials the clear intent of the legislature. 

Note 3: It would appear at first glance that the 
repetition of the words "and shall be kept" in the 
second line is unnecessary verbiage. This is not the 
case, and the insertion of these four words gives a 
totall\- different meaning to the provision than would 
be had if the\' were omitted. If omitted the section 
might be interpreted to mean that the dwelling shall 
be kept clean and free from any accumulation of dirt, 
filth, and so forth. This the court might hold to 
mean that accumulations should not be allowed. 
This is a very different thing from what is intended 
and what is said; namely, that all the parts of the • 
building shall be kept clean and that in addition they 
are also to be kept free from accumulations of various 
kinds. 

Note 4: There has been some doubt in the minds 
of owners and realtors in connection with this same 
provision in the earlier edition of the Model Law as 
to the division of responsibility between owner and 
occupier of various types of houses. For this reason, 
there has been added a provision which makes this 
clear be\ond question. 

§ 102. Walls of Courts. In multiple-dwellings the 
walls of all courts, unless built of a light colored material, 
shall be thoroughly whitewashed by the owner or shall 
be painted a light color by him, and shall be so maintained. 
Such whitewash or paint shall be renewed whenever nec- 
essar\-, as may be required by the health officer. 

Note: This requirement is for the purpose of im- Explana- 
proving the conditions of light in courts; it is also a tion 
sanitary measure, a coat of whitewash being a most 
effective agent in doing away with dirt and germs. 
221 



A MODEL HOUSING LAW §§ IO3, IO4 

§103. Walls AND Ceilings OF Rooms. In all multiple- 
dwellings the health officer may require the walls and 
ceilings of every room that does not open directly on the 
street to be kalsomined white or painted with white paint 
when necessary to improve the lighting of such room and 
may require this to be renewed as often as may be neces- 
sary. 

Explana- Note: This is an important provision and is for 

tion the purpose of improving the lighting of rooms that 

are too dark, especially those in the older buildings. 
A coat of white paint on walls and ceilings will do 
wonders in lighting up a dark room. There are many 
basement rooms for which permits for human oc- 
cupancy are denied because the rooms are too dark, 
the walls being painted the usual "tenement-house 
green,'' for which permits are ultimately granted 
when the walls are painted white; white paint does 
not absorb light as dark paint does and also radiates 
it more readily. 

§ 104. WallPaper.i No wall paper shall be placed upon 
a wall or ceiling of any dwelling^ unless all wall paper 
shall be first removed therefrom and said wall and ceiling 
thoroughly cleaned. 

Explana- Note i : This section does not prohibit the use of 

tion wall paper. From a sanitary point of view it would 

be desirable to make such a prohibition in the case 
of the homes of the poor, but this is not possible as 
tenants in high-class flats and apartments as well as 
in tenements desire to decorate their homes in this 
way. The section, however, does prohibit putting 
on any new wall paper over existing wall paper. 
While this adds materially to the cost of decoration 
of rooms, the effect of the enforcement of such a 
provision is to encourage the painting of walls — a 
much more sanitary method — and to discourage the 
use of wall paper. Wall paper is objectionable from 
two points of view; first, because disease germs 
which may have been deposited there under previous 
tenancy are thus given a long lease of life and may 
affect the health of new tenants. This is especially 
so in the case of tuberculosis. Wall paper is further 
222 



§ 105 MAINTENANCE 

objectionable in the homes of the poor for the reason 
that it encourages vermin, as the sweet paste is 
especially agreeable to this form of insect life. In 
some cities as man\- as 13 la\ers of wall paper have 
been taken from one wall, and this not in a cheap 
tenement but in a high-class apartment house. 

Note 2: Considerable opposition may develop to 
this requirement as involving unnecessary expense 
on the owner, and especiall\' upon working people 
who own their homes and live in single-family dwell- 
ings. If it develops that this opposition is very 
strong, it would be wise to make a concession and to 
exclude private dwellings from the application of 
the section. In such event the following concession 
is suggested: 

Concession: Change the word "dwelling" to "multi- Concession 
ple-dwelling" 

Note 3: If very great opposition develops, it can 
do no great harm to omit the entire section, relying 
on the ability of the health officer to remedy any bad 
conditions that may arise under the general powers 
conferred upon him under Section 1 13. 

§ 105. Receptacles for Ashes, Garbage and Rub- 
bish.^ Suitable tight, non-absorbent receptacles- with 
covers, for holding ashes, rubbish, garbage, refuse and 
other waste matter shall be provided and maintained for 
every dwelling. In the case of private-dwellings and two- 
family dwellings such receptacles shall be provided by the 
occupants. In the case of multiple-dwellings of Class A 
each family shall provide its own receptacles, but the 
owner shall provide such general receptacles to receive 
such waste materials as may be necessary, located in some 
convenient place accessible to all the occupants of such 
dwelling. Wherever the owner of such multiple-dwelling 
provides individual receptacles for each apartment, it 
shall be the duty of the occupant of such to keep the re- 
ceptacles used by him in a cleanl\- condition at all times. 
The construction and maintenance of garbage chutes'^ and 

223 



A MODEL HOUSING LAW § 1 05 

bins'* is prohibited, but this shall not be construed as pro- 
hibiting garbage incinerators if properly constructed. 

Explana- Note i : No provision is more important than this 

tion '^ conditions of cleanliness are to be maintained in 

and around the dwellings of the poor. Where proper 
receptacles are not provided in which to put waste 
material so that this may be promptly removed by 
the city authorities, the result is that it is piled up in 
unsightly and disgusting heaps in the back yard, or 
in the cellar, or alley, or some part of the out-premises. 
In the case of most multiple-dwellings it is obvious 
that the responsibility should be placed upon the 
owner for the furnishing of these receptacles. In 
a private dwelling, however, the occupant has com- 
plete control over the dwelling and should provide 
them. Objection may be raised in some cities to this 
simple and elementary provision, claim being made 
that the metal cans which have been provided have 
been stolen by the tenants and sold for junk. The 
cases where this has happened are rare and the plea 
is not worthy of consideration. The answer to such 
a plea is that the landlord should get a different class 
of tenants. 

Note 2: It is. highly desirable that tight metal 
cans should be required. Wooden tubs, boxes, or 
barrels such as are frequently provided are un- 
sanitary and are sure to result in the garbage and 
other refuse being distributed over the ground and 
premises. It is also of great importance that these 
cans shall be kept covered. The best type of can is 
one with a cover attached; that is, a hinged cover. 
This is not the usual type. Unless cans are kept 
covered cats and rats will feed upon their contents 
and distribute it over the premises. Flies also will 
swarm around it, thus increasing the fly nuisance and 
adding to the danger of transmission of disease. 

Note 3: Garbage chutes are abominations. In- 
tended originally as a convenience they have proved 
in practice to be nuisances because the garbage 
collects along the sides of the chute and gives rise to 
noxious odors. 

Note 4: Garbage bins for the storage of garbage 
and other refuse material are equally objectionable, 
although it is the custom to have such bins in a num- 
224 



J 



§ I06 MAINTENANCE 

ber of cities. The idea of hoarding garbage and other 
refuse is repugnant to proper standards of sanitation. 
These waste products should be immediatel\' removed 
from the premises and properly disposed of b\' thecit\' 
authorities; it is certainly not desirable to keep such 
refuse in close proximity to the living quarters of 
the people. 

§ io6. Prohibited Uses.^ No horse, mule, cow, calf, 
swine, sheep, goat, chickens, geese or ducks shall be kept 
in any dwelling or part thereof. Nor shall any such animal 
be kept on the same lot or premises- with a dwelling except 
under such conditions as ma\' be prescribed by the health 
officer. No such animal, except a horse or mule, shall 
under an>' circumstances be kept on the same lot or 
premises with a multiple-dwelling.^ No dwelling or the lot 
or premises thereof shall be used for the storage or handling 
of rags-* or junk. 

Note i : It will not do to prohibit the keeping of Explana- 
all animals in a dwelling. People naturally desire ^j^j^ 
to keep cats, dogs, and birds; but the undesirability 
of housing in the same building in which human beings 
reside any of the animals enumerated in this section 
is at once obvious and needs no supporting argument. 
All of the animals above mentioned have been found 
in the houses of the poor in different cities at various 
times. 

Note 2; When it comes to the keeping of these 
animals on the same premises with dwellings the 
question is different. In many of our cities, es- 
peciall\- in the outlying sections, it will be very much 
desired to keep not onl\' a horse but also cows and 
chickens and similar animals. So long as the con- 
ditions under which these animals are kept may be 
regulated by the health officer there is little likelihood 
of danger resulting. 

Note 3: Animals should not however be kept on 
the same lot with a multiple dwelling. Such build- 
ings are not a necessit\- in the undeveloped or rural 
portions of the community and therefore no hardship 
will result. Where multiple dwellings are built it 
means that many families or individuals will reside 

15 225 



A MODEL HOUSING LAW § IO7 

on a given piece of land. It is distinctly unwise and 
injurious to permit the keeping of animals in close 
proximity to many people. 

Note 4: The prohibition against rag shops and 
junk shops and the storage of such material either 
in dwellings or on the premises needs no argument. 
Such places are a potent source of contagious disease 
and a fire menace, and should be strictly limited to 
business quarters and even there kept under close 
observation and control at all times. 

Note 5 : The evil of tenement house prostitution 
is not so general throughout the country that it has 
seemed necessary or desirable to include in this section 
a prohibition against the use of any part of a multiple 
dwelling for such purposes. In New York and some 
of our Eastern cities which are distinctly tenement 
house cities this evil some years ago assumed such 
proportions that it became necessary to impose much 
stricter penalties for the committing of prostitution 
in buildings in which the respectable poor people 
dwell than attach to this offense in ordinary "houses 
of prostitution.'' While the evil is not widespread, 
it may develop at any time in any city and it can do 
no harm to embody in this law a provision dealing 
with this subject. If this is desired, the following 
variation is suggested. Add at the end of the section 
the following: 

Variation Variation : " No multiple-dwelling or the lot or 

premises thereof shall be used for purposes of prostitution 
or assignation." 

§ 107. Combustible Materials.^ No dwelling, nor 
any part thereof, nor of the lot upon which it is situated, 
shall be used as a place of storage, keeping or handling 
of any article dangerous or detrimental to life or health; 
nor of any combustible article, except under such con- 
ditions as may be prescribed by the fire marshal- under 
authority of a written permit issued by him. No multi- 
ple-dwelling^ nor any part thereof, nor of the lot upon 
which it is situated, shall be used as a place of storage, 
keeping or handling of feed, hay, straw, excelsior, cotton, 
paper stock, feathers or rags. 

226 



1 



§ I08 MAINTENANCE 

Note i: It will not do to prohibit outright the Explana- 
keeping of combustible articles, as this would prevent ^-^Qn 
the reasonable storage of gasolene in a private garage 
at the rear of the lot behind a private dwelling. It 
would also prevent the sale of kerosene oil in a grocer\' 
store which might be located on the ground floor of 
an apartment house, or of benzine or alcohol in a drug 
store similarl\' located. It is essential, however, that 
the fire marshal should have authority to regulate 
and control the conditions under which such articles 
may be kept or stored. 

Note 2: The fire marshal is the public official who 
will generally have jurisdiction over these matters. 
Where some other official has jurisdiction he should 
be substituted. In some cities the commissioner of 
public safety would be the appropriate person. 

Note 3: it should be noted that a clear distinc- 
tion has been made between conditions which may 
be permitted in private dwellings and two-family 
dwellings and those which are allowed in multiple 
dwellings. In the latter case an absolute prohibition 
is made against the storage, keeping, or handling of 
certain articles dangerous from the point of view of 
fire. In addition to this absolute prohibition, all 
multiple dwellings are also subject to the provisions 
of the first part of this section, which apply to all 
classes of dwellings, and are general in their nature. 

§ 108. Certain Dangerous Businesses. There shall 
be no transom, window or door opening into a public hall ^ 
from any part of a multiple-dwelling where paint, oil, 
drugs- or spirituous liquors are stored or kept for the 
purpose of sale or otherwise. 

Note i : As the public halls and stairs in multiple Explana- 
dwellings are the danger point in case of fire, it is tion 
desirable to have no connection between them and 
stores in which such inflammable and explosive 
materials as paint, oil, drugs, or liquors are stored. 
The effect of this provision is to close the side door 
of the saloon where such side door leads into the 
tenement hallwa\'. From a social point of view this 
is a distinct advantage. It also means that inside 
transoms or door openings must be filled in solid 
227 



A MODEL HOUSING LAW 



§ 109 



Concession 



Explana- 
tion 



with the same material as the partition. Locking 
the door or naihng the transom will not satisfy the 
■ requirements. 

Note 2: It may be the part of wisdom to exempt 
hotels from this provision. Otherwise claim may be 
made that it would not be possible to have a bar such 
as is usually found in a hotel, nor a drug store, as 
communication between the bar and public rooms, 
and frequently the hall, is usually direct. While 
this claim may be readily met by a slight change in 
the plans, — it is possible to so arrange the bar that 
it will not communicate directly with the public hails 
and stairs, — the issue is not worth contending about. 
It is simpler to exempt hotels. The following con- 
cession is therefore suggested. Add at the end of the 
section the following: 

Concession : " This provision shall not apply to 
hotels as defined in paragraph four of section two.'' 

§ 109. Janitor or Housekeeper.^ In any multiple- 
dwelling of Class A in which the owner thereof does not 
reside,^ there shall be a janitor, housekeeper or other 
responsible person who shall reside in said house and have 
charge of the same, if the health officer shall so require.^ 

Note i : This is one of the important provisions 
of the act from a sanitary point of view. In tene- 
ments where there are many families, unsanitary 
conditions are bound to result if there is not some one 
living on the premises who is responsible for the 
maintenance of the public parts of the building — the 
halls, stairs, water-closets, and the out-premises. 
What is everybody's business is nobody's business, 
and individual tenants will feel no responsibility for 
the public parts of the building nor can they prop- 
erly be held responsible. 

Note 2: It should be noted that the requirements 
of this section will be fulfilled if some one of the 
tenants is designated by the owner as janitor or 
housekeeper. Exception is made in the case in which 
the owner resides in the house because in that case 
he will look after its condition far better than any 
janitor. 

228 



1 



§ I 10 MAINTENANCE 

Note 3: In some cities an attempt is made to 
establish in the law a definite standard by the number 
of famihes in the house and to require a janitor on 
the premises in all cases where there are that many 
families or more. It is thought better, owing to the 
varying conditions which prevail in most communi- 
ties, to leave this to the discretion of the health officer, 
who will have to answer to the public if unsanitary 
conditions exist and he has not required a resident 
janitor on the premises. 

§ 1 10. Overcrowding.^ If any room in a dwelling is^ 
overcrowded the health officer may order the number of 
persons sleeping or living in said room to be so reduced 
that there shall be not less than SIX HUNDRED cubic 
feet^ of air to each adult and FOUR HUNDRED cubic 
feet of air to each child under twelve years of age 
occup\'ing such room. 

Note i : This is a very different provision from the Explana- 
one found in the laws of many American cities to the ^^^^ 
effect that no matter what the conditions, no room 
shall have less than 400 cubic feet of air space for 
each adult. To require arbitrarily that no room shall 
contain less than a certain amount of cubic air space 
for each occupant is to bring about in some cases 
unreasonable and absurd situations.* It is very 
doubtful whether a requirement of that nature if con- 
tested could be sustained as a reasonable exercise 
of the police power. The number of cubic feet of air 
space is not the sole standard as to the fitness of a 
room for human occupancy. In fact it is of com- 
parativel}' minor importance in comparison with 
other elements. The character of the air, the fre- 
quenc>' of its renewal, the opportunity for "through" 
ventilation, the reduction of high temperature, are 
the important things in room ventilation. The ques- 
tion of reducing the number of occupants of a room is 
a matter which necessarily must be left to be de- 
termined by the health officer upon the conditions 
found in individual rooms, which vary greatl\'. One 
room ma\' be small, dark, and unventilated; another 
large and with good light and ventilation. A " room " 

* For further discussion, see Housing Reform, pp. 29, 30. 
229 



A MODEL HOUSING LAW § III 

has not as yet been standardized. The scheme of 
this section, therefore, is to leave entirely to the health 
oificer the power to reduce the number of occupants 
in a room so that there shall not be more than a 
proper number. 

Note 2 : It should be observed that this power can 
only be exercised if the room is actually overcrowded. 
This at once becomes a question of fact and enables 
the owner to go into court and establish whether his 
room is overcrowded or not, with the burden of proof 
upon the health officer to show that the room is over- 
crowded. This is as it should be. It is an extreme 
power and should not be exercised unless the health 
officer can clearly demonstrate to the satisfaction of 
fair-minded people that the conditions are such as to 
warrant action. 

Note 3: Numerous opponents of housing reform 
who will not read the law carefully will assume that 
this provision, because it mentions a certain number 
of cubic feet, is similar to the provision found in other 
laws with which they are familiar, and will oppose 
this on the ground that this is a more stringent regu- 
lation than is found in most laws, which as a rule call 
for 400 cubic feet of air space for each adult and 200 
for each child under twelve years of age. It is im- 
portant to make plain to such persons the points in 
which this provision differs from the requirements 
that have been customary in previous laws, as above 
set forth. 

§111. Lodgers, Roomers and Boarders Prohibited.^ 
The health oificer may prohibit in any- multiple-dwelling 
the letting of lodgings therein, and may prescribe condi- 
tions'^ under which lodgers, roomers or boarders may be 
taken^ in multiple-dwellings. Where lodgers, roomers or 
boarders are permitted to be taken, the health officer 
shall issue a written permit to that effect and shall keep 
an accurate public record of all such permits with all nec- 
essary detailed information as to size of rooms, their ade- 
quacy, the number of roomers or lodgers permitted and so 
forth. It shall be the duty of the owner^ of all multiple- 
dwellings to see that the requirements of the health officer 
in this regard are at all times complied with, and a failure 

230 



§ I 1 I MAINTENANCE 

to SO comply on the part of any tenant or occupant after 
due and proper notice from said owner, shall be deemed 
sufficient cause for the summar\' eviction of such tenant or 
occupant, and the cancellation of his lease. The provi- 
sions of this section ma\' be extended to private-dwellings 
and two-family dwellings, as may be found necessary by 
the health officer.^ 

Note i : The evil of Room Overcrowding discussed Explana- 
under the preceding section is almost invariably tion 
wrapt up with the practice of taking in roomers, 
lodgers or boarders. Strangely enough, though the 
connection between this housing evil and diseases of 
certain kinds — viz., all "contact diseases" such as 
Influenza, is very close and has been clearly estab- 
lished to the satisfaction of the medical authorities, 
\et the fact remains that this is the one serious phase 
of bad housing that has never had satisfactory treat- 
ment in America. This situation has not been due so 
much to lack of knowledge of the facts or apprecia- 
tion of the serious consequences of such conditions as 
it has to an unwillingness on the part of public offkials 
to take up a cause which is so unpopular with all 
classes in the community affected by it, and for which 
there is so little popular support. 

The roomer who fmds a comfortable home at com- 
paratively low rates certainly does not want a law 
that deprives him of this; the tenant or occupier of 
a house or flat who by taking in roomers augments 
his income does not want a law that deprives him of 
that income; and finally, the owner of dwelling house 
property who can get a greater rental for it, because 
his tenant takes in roomers does not want a law that 
deprives him of that increased rental. Thus, we see 
that the three classes in the community most closely 
affected by such legislation have strong personal and 
financial incentives to oppose its passage and resist 
its enforcement. 

But the community has a most important interest 
in such legislation. For its own protection, its own 
health, its own welfare, it is essential. Unfortunately 
the only people who want it, as a rule, are a few 
"cranks," — public health officials, social workers and 
housing reformers, and similar sociall\' minded per- 
231 



A MODEL HOUSING LAW § I I I 

sons. Their task should be to inform the general 
public as to how this concerns them, so that what 
affects the welfare of the whole community may out- 
weigh in the minds of legislative bodies and enforcing 
officials and local minor courts the opposition of 
selfish interests that may be adversely affected. The 
recent nation-wide Influenza epidemic should be a 
potent weapon in driving this idea home. 

Note 2: This provision applies to all multiple 
dwellings, — those of Class B as well as Class A. It 
therefore affects lodging houses, hotels, boarding 
houses and similar buildings where the chief purpose 
is the taking in of lodgers, roomers and boarders. 
This is deliberate. For, buildings of this class should 
be required to take out permits, and should be operated 
under the strict supervision and control of the sani- 
tary authorities, sometimes of the police authorities as 
well. This should not be deemed a hardship, as 
lodging houses and hotels in most cities are now under 
this necessity. 

Note 3: Complete prohibition of taking lodgers or 
roomers in dwellings is, of course, out of the question. 
It would probably be held to be unconstitutional, 
even if it were desirable. The best that can be done, 
therefore, is to vest in some public official the power 
to set up the conditions under which the practice may 
safely be followed. This will allow the health officer 
to permit it, where rooms are light and well venti- 
lated, and there is no overcrowding, and to forbid it 
where rooms are only sufficient for the needs of the 
family occupying them. The section contemplates 
the granting of a written permit by the health officer 
in cases where lodgers are permitted, and the keeping 
of full and complete records relative thereto. 

Note 4: Earlier laws have placed the responsibility 
solely upon the tenant. It has been largely because of 
this that such efforts at legal regulation have failed, as 
the courts have been unwilling to hold as criminal 
offenders the poor foreigners amongwhom this practice 
chiefly prevails, and who always plead poverty and ig- 
norance when brought into court. It is significant that 
the only two instances in which an effort is made to hold 
the tenant responsible for violation of the law, namely, 
in the case of room overcrowding and the placing of 
encumbrances upon fire-escape balconies, are the only 

232 



^ 



§111 MAINTENANCE 

provisions of our tenement laws which have proved 
unenforceable and have baffled the health officers 
of all our cities. Whereas the other sections of the 
law where the owner is held responsible, have alwa\s 
been found to be capable of proper enforcement. This 
section deliberately places the responsibility upon the 
owner in the case of multiple dwellings for the pres- 
ence in his house of lodgers and boarders in the in- 
dividual apartments of the tenants. It will be 
claimed b\' some that it is unreasonable to hold the 
owner responsible in this way and that he cannot 
know of the presence of outsiders in the families to 
whom he has rented his apartments. This is plaus- 
ible but not sound. Where there is a janitor on the 
premises, and there should be one in the case of all 
tenement houses, the class of buildings in which this 
evil is chiefl}' found, the janitor always knows whether 
the tenants are taking in lodgers or boarders. Just 
as it has been found practicable in the New York law 
to hold the owner responsible for the moral character 
of his tenants and make him liable for a penalty of 
$ 1 ,000 for a failure to evict prostitutes, so it is equally 
practicable to make him responsible for room over- 
crowding. A full discussion of this subject and the 
methods under which this provision would work will 
be found in a paper on Room Overcrowding, in Hous- 
ing Problems in America.* 

Note y. This provision is a radically different one 
from the similar section found in the first edition of 
this book published five \ears ago. There, a scheme 
was outlined which prohibited the letting of lodgings 
in every class of dwelling, including private-dwellings, 
without obtaining a written permit from the health 
officer. This put the burden of responsibility upon 
the occupiers of all dwellings, even in cases where the 
taking of roomers was entirely permissible. It was 
too great a burden and was resented b\- the majority 
of people as an undue interference with their private 
affairs. It was somewhat like "burning down the 
barn in order to have roast pig." While it was granted 
that it was right and proper that the health officer 
should be able to control conditions where foreigners 
take in 6 or 8 lodgers in one room, it was felt that to 

* Housing Problems in America, Vol. II, pp 58-78. New York, 
National Housing Association Publication, 1912. 

233 



A MODEL HOUSING LAW § 112 

have the health officer determine in every case whether 
or not one might be permitted to take a roomer into a 
private dweUing was going too far. 

For these reasons the section deals primarily with 
multiple dwellings, where as a rule the evil is great- 
est, but permits the health officer to extend its appli- 
cation to private dwellings and two-family dwellings 
when necessary. 

From an administrative point of view, the change 
over the provisions contained in the first edition of 
this book is a most important one. The health officer 
instead of having to inspect every dwelling in the city 
and determine whether it is suitable for the taking in 
of lodgers, need now deal only with those cases where 
bad conditions arise and as they arise. 

Note 6: Persons who are seeking to oppose the 
law may raise the question that the provisions of this 
section will prohibit some friend from visiting them. 
This is a fanciful and strained construction. No 
court or public official will take such a position for a 
moment. What the section does is to prohibit the 
taking of outsiders to live in the family as a business 
for which compensation is had. 

§ 112. Infected and Uninhabitable Dwellings to 
BE Vacated. 1 Whenever it shall be certified^ by an in- 
spector or officer of the health department that a dwelling 
is infected^ with Contagious disease, or that it is unfit for 
human habitation, or dangerous to life or health by reason 
of want of repair, or of defects in the drainage, plumbing, 
lighting, ventilation, or the construction of the same, or by 
reason of the existence on the premises of a nuisance likely 
to cause sickness among the occupants of said dwelling, 
or for any other cause, the health officer may^ issue an 
order requiring all persons therein to vacate^ such house 
within not less than TWENTY-FOUR HOURS nor more 
than TEN DAYS for the reasons to be mentioned in 
said order. In case such order is not complied with 
within the time specified, the health officer may cause 
said dwelling to be vacated. The health officer whenever 
he is satisfied that the danger from said dwelling has 
ceased to exist, or that it is fit for human habitation, 

234 



§112 MAINTENANCE 

may revoke said order or may extend the time within 
which to comply with the same. 

Note i : This section is one of the most important Explana- 
sections in the whole law. It gives the health de- tion 
partment under proper conditions the right to vacate 
any house which is unfit for human habitation and to 
keep it vacant until it is made fit; and permits this 
without application to the courts. The health de- 
partment can send its own officers or can call upon the 
police department to furnish policemen and send them 
to the house, if its orders are not complied with, and 
turn the tenants into the street and keep them out. 
This is done every month in New York City and is 
the only effective method of dealing with extreme 
cases. It is an extreme power which should be used 
only where conditions clearly warrant it. 

Note 2: Before such action is taken formal certi- 
fication must be made by an officer of the health de- 
partment reciting the conditions which exist; such 
certification should be filed before the action is taken 
and should be a public record of the department. 

Note 3: The various reasons which warrant the 
vacation of a house are carefully enumerated: 

1. If the house is infected with contagious disease. 
This does not mean the mere presence of one case of 
tuberculosis in the house; it would be necessary to 
show that the house itself was infected. 

2. If it is unfit for human habitation for any reason 
whatever. 

3. If it is dangerous to life or health for various 
reasons, namely, want of repair, defects in drainage, 
plumbing, lighting, ventilation or construction; or if 
it is dangerous to life or health because of a nuisance 
on the premises likely to cause sickness among the 
occupants. This does not mean that the house can 
be vacated because of the mere presence of a nuisance. 
The nuisance must be one that is likely to cause 
sickness among the occupants of the dwelling, and the 
health officer must be able to show that the house is 
dangerous to life or health by reason of this state of 
affairs. 

4. Finally, if the house is dangerous to life or 
health for any cause in addition to those enumerated, 
the health officer may vacate it. 

235 



A MODEL HOUSING LAW § II3 

Note 4: It should be carefully observed that this is 
a power given to the health officer to be exercised in 
his discretion. Some housing reformers want this 
provision made mandatory so as to require the health 
officer to vacate houses in every case whenever a 
report is made to him along these lines by an employee 
of the department. Such a provision would be un- 
wise and dangerous. It would place in the hands of 
subordinate employees tremendous power and open 
the door for unlimited graft. As this power is an 
extreme one it should be scrutinized with the greatest 
care and be safeguarded so as to prevent abuse. Re- 
ports of this kind made by subordinates should be 
verified in each case personally by the head of the 
department before vacating a house. This should be 
an invariable rule; it is wise policy also to take photo- 
graphs of the bad conditions. 

Note 5 : Attention is called to the fact thaf this 
provision authorizes the health officer to vacate a 
house summarily without court proceedings. This 
is what is intended. In many communities it will 
seem an extreme and unusual power. It is, however, 
essential. In cases where unsanitary conditions are 
allowed to exist for long periods of time no other 
remedy will bring those responsible to terms. In 
some cities it may be necessary to permit owners to 
have the right of appeal to the courts. From a prac- 
tical point of view this is highly undesirable. It may, 
however, in a few states be a legal necessity. 

Note 6: In exercising the power to vacate houses 
the health officer should be careful not to put the ten- 
ants out of the building just after they have paid 
their month's rent in advance. The vacation pro- 
ceedings should be timed with reference to this so that 
unnecessary hardship and confiscation of poor people's 
property will-not be involved. Similarly care should 
be taken not to vacate houses in extreme winter 
weather as by postponing the order this hardship 
would not be encountered. Persons are cautioned 
against making any change in the phraseology of this 
section. It is of vital importance to keep it exactly 
as it is, as it has stood the test in some of our Eastern 
cities of over thirty years' practice. 

§113. Repairs to Buildings, et cetera.^ Whenever 

236 



§ 1 13 MAINTENANCE 

any dwelling or any building, structure, excavation, busi- 
ness pursuit, matter or thing, in or about a dwelling, or 
the lot on which it is situated,^ or the plumbing, sewerage, 
drainage, light or ventilation thereof, is in the opinion of 
the health officer in a condition or in effect^ dangerous or 
detrimental to life or health, the health officer may declare 
that the same to the extent he may specify is a public 
nuisance, and may order the same to be removed, abated, 
suspended, altered or otherwise improved or purified as 
the order shall specify. In addition to the above powers'* 
the health officer may also order or cause any dwelling 
or excavation, building, structure, sewer, plumbing pipe, 
passage, premises, ground, matter or thing, in or about a 
dwelling, or the lot on which it is situated, to be purified, 
cleansed, disinfected, removed, altered, repaired or im- 
proved. If any order of the health officer issued under 
the authority of the provisions of this act is not complied 
with, or so far complied with as he may regard as reason- 
able, within five days after the service thereof, or within 
such shorter time as he may designate, then such order 
may be executed^ by said health officer through his offi- 
cers, agents, employees or contractors. 

Note i : This section is of almost equal importance Explana- 
with the previous section. It greatly supplements it ^^Jq^ 
as well as the general powers possessed by health de- 
partments with reference to nuisances. The section 
is necessary because there are often cases where there 
are conditions in a house which do not make it un- 
fit for human habitation, bad though they are, and 
which even perhaps do not in themselves constitute 
a nuisance in the usual acceptation of that term, but 
which should be remedied and remedied promptly. 
Many of these instances it is not possible to anticipate 
in drafting a law and it is necessary, therefore, to have 
this general "drag-net" power conferred upon the 
health department. Take the case, for instance, 
where in the winter time most of the panes of glass 
are out of the windows in an individual apartment in 
a tenement house. The health officer could with 
difficulty prove that the house was unfit for human 
237 



A MODEL HOUSING LAW § 113 

habitation because of this condition. It would 
similarly be difficult to establish the condition as a 
nuisance, yet it is obvious that the condition should 
be remedied and that the effect of it upon the people 
living in such rooms is bound to be injurious to health. 
There are no provisions in the act outside of the gen- 
eral powers conveyed by this section which would 
warrant the health officer in requiring these window 
panes to be made whole. If it were attempted under 
the authority of Section 97, which requires that the 
dwelling shall be kept in repair in all its parts, and 
an order issued to repair the window panes, the owner 
could evade compliance by removing all glass from 
the sash. There could then be no question of 
" repair'' involved. Other instances will readily occur 
to the reader. 

Note 2: The powers herein conferred are intended 
to apply to all of the conditions which may exist not 
only in the dwelling itself but those on the same lot 
or in connection with it. Every board of health 
should of course have similar powers with regard to 
all classes of buildings, but this act concerns itself 
only with dwellings. 

Note 3: The phrase "in a condition or in effect 
dangerous to life or health" is of importance, as the 
words "in effect" will also provide for potential evils 
as well as actual ones. 

Note 4: The second sentence of this section, "The 
health officer may also order," confers broad powers 
upon the health officer to require practically any 
improvement to an existing dwelling which in his 
opinion is appropriate. The word "also" is essential 
in this sentence. Without it there is danger that 
the courts might construe this sentence as explana- 
tory or further illustrative of the powers conferred 
in the first sentence, whereas it is intended by this 
provision to confer additional powers. 

Note 5 : It will be observed that power is conferred 
upon the health officer to execute his own orders and 
have the work done if the owner fails to comply within 
a reasonable time. This should be read in connection 
with the latter part of Section 144 where general power 
to execute his own orders is conferred upon the health 
officer. 



238 



§§ 114, ••5 MAINTENANCE * > 

§ 114. FiRE-EscAPEs. The owner of ever\' multiple- 
dwelling on which there are fire-escapes shall keep them 
in good order and repair, and whenever rusty shall have 
them properly painted with two coats of paint. No per- 
son shall at any time place any incumbrance of any kind 
before or upon any such fire-escape. 

§115. Scuttles, Bulkheads, Ladders and Stairs. 
in all multiple-dwellings where there are scuttles or bulk- 
heads, they and all stairs or ladders leading thereto shall 
be easily accessible to all occupants of the dwelling and 
shall be kept free from incumbrance and ready for use at 
all times. No scuttle and no bulkhead door shall at any 
time be locked with a key, but either may be fastened on 
the inside by movable bolts or hooks. 

Note: Lives are frequently lost in fires, especialh' Explana- 
in tenement houses, because when the occupants at- tion 
tempt to escape to the roof through the scuttle or bulk- 
head they find the scuttle nailed down or the bulkhead 
door locked and the ke\' in the janitor's pocket. 
They then become trapped in the top-floor hallway 
and lose their lives. It is essential, therefore, that 
scuttles should be so arranged that they can be easily 
raised b\' the tenants in case of fire and that bulkhead 
doors shall be kept unlocked. There must, however, 
be some means of fastening them, otherwise thieves 
can get in from the outside and rob the tenants. A 
movable bolt or a hook will be found to be an ade- 
quate means of fastening the scuttle or door to keep 
intruders out, and will permit the immediate opening 
of the door from the inside in the event of fire. 



239 



A MODEL HOUSING LAW ^ 120 



ARTICLE V 

IMPROVEMENTS 

In this article will be found those improvements in 
the older buildings required as a matter of compul- 
sory legislation. 

§ 120. Rooms, Lighting and Ventilation of.^ No 
room in a dwelling^^ erected prior^ to the passage of this 
act shall hereafter be occupied for living purposes unless 
it shall have a window of an area of not less than EIGHT 
square feet^ opening directly upon the street, or upon a^ 
rear yard not less than TEN feet deep, or above the roof 
of an adjoining building, or upon a court or side yard of 
not less than TWENTY-FIVE square feet in area, open 
to the sky without roof or skylight, unless such room is 
located on the top floor^ and is adequately lighted and 
ventilated by a skylight opening directly to the outer 
air. Except that a room which does not comply with 
the above provisions may be occupied if provided with a 
sash window^ of not less than fifteen square feet in area, 
opening into an adjoining room in the same apartment, 
group or suite of rooms, which latter room either opens 
directly on the street or on a rear yard of the above dimen- 
sions, or itself connects by a similar sash window or series 
of windows with such an outer room. Said sash window 
shall be a vertically-sliding pulley-hung^ sash not less 
than three feet by five feet between stop-beads, ^ both 
halves shall be made so as to readily open,^ and the lower 
half shall be glazed with translucent glass,^^ and so far as 
possible it shall be in line with windows in the said outer 
room opening on the street or rear yard so as to afford a 
maximum of light and ventilation. 

240 



§ 120 IMPROVEMENTS 

Note i : This provision is an attempt to deal in a Explana- 
practical way with dark, unventilated rooms in ex- tjon 
isting houses. In effect it means that every room in 
an existing house shall either have a window to the 
outer air, namel\-, the street, \ard, or a court of a 
certain size, or shall have a large window communicat- 
ing with an adjoining room in the same apartment, 
thus securing some improvement in the existing con- 
ditions of light and ventilation. The ideal thing to 
do would be to prohibit the use of any room for living 
purposes which does not have a window directly on 
the outer air, but this is not practicable. Such rooms 
will be found in var\ing numbers in different localities, 
in buildings erected at different times and in accord- 
ance with the laws which were in force and effect 
when the houses were built. In many cases it is 
physically impossible to provide a window to the outer 
air in such rooms without tearing down the building. 
The courts would probably hold such a requirement 
to be confiscatory and void. The provision of this 
section is not subject to that objection and is a reason- 
able requirement. 

Note 2: This section applies only to methods of 
lighting and ventilating rooms erected prior to the 
passage of the act. Rooms in dwellings erected sub- 
sequent to the passage of the act must conform to the 
requirements of Article 1 1 dealing with new buildings. 

Note 3 : Every variety of condition will be found 
in existing dwellings. Some rooms will be found 
which have windows to the outer air but the windows 
do not contain 8 square feet in area. In such cases 
all that will be necessary will be to enlarge the win- 
dows. 

Note 4: It should be noted that if the room opens 
on a yard or court on the adjoining premises, so long 
as that yard or court is not built up and it is of the 
size prescribed by the act, it is a satisfactory compli- 
ance with the terms of this section, as all that is 
sought is to see that dark rooms in the older dwellings 
shall be made light and shall have as much ventilation 
as possible. In some cases rooms will be found 
which have windows opening to the rear yard but the 
yard will be smaller than 10 feet in depth. In such 
cases a sash window must be provided in the parti- 
tion leading to the adjoining room. Similarly exist- 



16 



241 



A MODEL HOUSING LAW 



§ 120 



ing rooms may open on courts smaller in size than 25 
square feet in area or courts which are covered over 
at the top. In the latter case the room can be made 
legal by removing the covering at the top and having 
the court open to the air or by providing a sash win- 
dow in the partition leading to the adjoining room. 
Note 5 : In the case of rooms on the top floor which 



Kitchen 



Bed 2oo/^ 



Ped kOOM 



Kitchen 



LiVINQ ROGA\ 



Bed Roo/a 



Bed Rooa\ 



LiviNQ Room 



<§>TREET 

Figure 38 
Sash Windows Provided Between Rooms 



are now dark and unventilated, the simplest and 
easiest way to remedy the conditions is to provide 
ventilating skylights in the different rooms. This 
can be done at comparatively slight expense. 

Note 6: In any event, no matter what the condi- 
tions or difficulties it is always practicable to cut a 
window in the partition separating the inner or dark 
room from the room next adjoining, which in most 
242 



§ 120 IMPROVEMENTS 

cases will be a room that opens directl>' on the outer 
air. Sometimes the inner room is two or three rooms 
removed from the outer wall of the building. In 
that case there must be a series of windows in line 
with each other leading from the inner room to the 
outer room so that the light and air may penetrate 
to the room in question, as indicated in the diagram 
on the preceding page. 

Note 7: The reason for requiring the sash window 
in the partition to be a double-hung sash is because 
a hinged window under such circumstances is apt to 
be broken and will therefore generallv be nailed up in 
the cheaper class of houses, thus defeating the plan 
to improve the ventilation of the inner room. The 
double-hung sash will also insure better circulation 
of the air, as by utilizing it properly it can be kept 
open both at top and bottom with the window acting 
as a diaphragm, dividing the air currents. 

Note 8: The requirement that the window shall 
not be less than 3 feet by 5 feet is to insure a window 
of sufficient size to admit enough light and air. A 
larger window than this, wherever it is possible to 
get it, is very desirable. 

Note 9: The law will not be complied with by re- 
moving the partition between the inner room and the 
room next adjoining and making one room out of the 
two. This is objectionable and should be prevented, 
as it means that the inner room will be used as an 
alcove and that a curtain will presumabl\' be used be- 
tween the two rooms shutting out both light and air. 
The evils of the alcove room have been fully discussed 
under Section 35. 

Note 10: The requirement that the lower half of 
the window shall be glazed with translucent glass is 
for the purpose of privacy, thus removing the objec- 
tion which would otherwise be raised that persons 
could not undress in their bedrooms without being 
seen in the outer room. 

Note i i : This section applies to all classes of 
dwellings, it may be objected to by the owners of 
private houses. A dark room in a private dwelling, 
however, is just as dangerous as in a multiple dwelling. 
The effect of dark rooms on tuberculosis germs is the 
same in all cases. If, however, the opposition to this 
provision seems serious and it is desired to make con- 

243 



1 



A MODEL HOUSING LAW 



§ 121 



cessions to these interests, the following concession 
may be made. Substitute for the following words at 
the beginning of the section, which now read "No 
room in a dwelling erected prior, " the following words : 

Concession Concession: "No room in a two-family dwelling or in 

a multiple-dwelling of Class A erected prior'' 

§ 121. Public Halls and Stairs, Lighting and Ven- 
tilation OF.i In all multiple-dwellings erected prior to the 
passage of this act the public halls and stairs^ shall be pro- 
vided with as much light and ventilation to the outer air 
as may be deemed practicable by the health officer, who 
shall order the cutting in of windows and skylights and 
such other improvements^ and alterations in said dwellings 
as in his judgment may be necessary and appropriate to 
accomplish this result. All new^ skylights hereafter placed 
in such dwellings shall be provided with ridge ventilators 
having a minimum opening of FORTY square inches and 
also with either fixed or movable louvres or with movable 
sashes; all such skylights and windows shall be of such 
size as may be determined to be practicable by said health 
officer. 

Explana- Note i : The evils of dark public halls and stairs 

I-Jqjj have already been fully set forth from the point of 

view of sanitation, fire danger and morality. This 
section is enacted for the purpose of bringing as much 
light and air as possible into the existing dark public 
hallways. The conditions vary so greatly in each 
building that it is not practicable to attempt to lay 
down in the act a definite, rigid method by which this 
shall be accomplished in all cases. In some cases it 
may be by the cutting in of a window to the street or 
yard, in others to the yard of an adjoining building; 
while in many others the only improvement that can 
be had will be by means of a ventilating skylight in 
the roof. What the section does is to give to the 
health authorities the power to improve in every way 
practicable the lighting and ventilation of these ex- 
isting public hallways. 

Note 2: This section applies only to public halls 
244 



§ 122 IMPROVEMENTS 

and stairs. It will therefore not apply in the case 
of private dwellings and two-family houses. 

Note 3: The requirement with regard to the con- 
struction of skylights does not apply to existing sky- 
lights but only to a new one which may be placed in 
the hallway of an existing dwelling. The size of the 
skylight will consequently vary with the conditions 
in each building. There is no advantage in requiring 
a large skylight where there is a small stairwell or 
no well. Under such circumstances this would light 
only the hall on the top floor. 

Note 4: A simple and inexpensive way of ma- 
terially improving the conditions of light in the dark 
halls is to remove the wooden panels in the doors lead- 
ing from the individual apartments to the halls and 
substitute ground glass or wire-glass panels in their 
place. While this does not make the halls light it 
does make them much lighter. It has not been 
thought wise to require this alteration as a matter 
of mandate, but for the reason set forth in Note i it 
has seemed best to leave this to the health officer as 
one method to ernploy where it proves to be advan- 
tageous. 

§ 122. Sinks and Wash-Basins. In all dwellings^ 
erected prior to the passage of this act, when deemed nec- 
essary by the health officer, the woodwork^ enclosing sinks 
and wash-basins shall be removed and the space under- 
neath shall be left open. The floor and wall surfaces 
beneath and around them shall be put in good order and 
repair, and if of wood shall be kept well painted with light- 
colored paint. 

Note i : This is a requirement compelling the re- Explana- 
moval of all enclosing woodwork from sinks in ex- tion 
isting dwellings. It is necessary because where sinks 
are thus enclosed, the woodwork as a rule becomes 
saturated with water and slops and is a harboring 
place for dirt, vermin and disease germs. More- 
over, if the plumbing is defective and is enclosed the 
defects are not observed. In order to show up ac- 
cumulations of dirt and filth underneath them it 
is wise to require the floor to be painted white. 

Note 2: Objection will probabl>' be made to this 
245 



A MODEL HOUSING LAW §§ I23, 1 24 

provision so far as it applies to private dwellings and 
two-family houses. The owners of such houses may 
object strenuously to the whole provision. Special 
objection will undoubtedly be raised to its application 
to butler's pantries in private dwellings and two- 
family dwellings, where the butler's pantries have 
hardwood floors and the sinks are nicely cased in 
with hardwood casing well varnished. Painting such 
floors with white paint would be quite inappropriate. 
All that it is sought to reach are the bad conditions 
described in Note i, and which as a rule are found 
only in the dwellings of the poor. It is therefore left 
to the health officer to determine when such altera- 
tions are necessary. 

§ 123. Water-Closets. In all dwellings erected prior 
to the passage of this act, the woodwork enclosing all 
water-closets shall be removed from the front of said 
closets, and the space underneath the seat shall be left 
open. The floor or other surface beneath and around the 
closet shall be put in good order and repair and if of wood 
shall be kept well painted with light-colored paint. 

Explana- Note: This is a similar provision and is necessary 

tion for the reasons discussed in the preceding section. 

The necessity for it, of course, is greater in the case of 
water-closets than it is in the case of sinks. The ob- 
jections which pertain to the previous section do not 
obtain here. For this reason, the requirement is 
made a mandatory one and is not left to the dis- 
cretion of the health officer. 

§ 124. Privy Vaults, School-Sinks and Water- 
Closets.^*^ Whenever a connection with public water- 
mains becomes reasonably accessible as provided in sec- 
tion nine of this act, alP privy vaults, school-sinks,^ cess- 
pools or other similar receptacles used to receive fecal 
matter, urine or sewage, shall before January first, nine- 
teen hundred and ,^ with their contents, be completely 

removed and the place where they were located properly 
disinfected under the direction of the health officer. Such 
appliances shall be replaced by individual water-closets of 

246 



§ 124 IMPROVEMENTS 

durable non-absorbent material, properly connected to a 
public sewer, if a public sewer is reasonably accessible as 
defined in section nine of this act; if there is no such pub- 
lic sewer reasonably accessible, then such water-closets 
shall be properly connected to a cesspool, septic tank or 
other similar device as provided in section nine of the act. 
All such water-closets shall be of modern sanitary type, 
and with individual traps, and properly connected flush 
tanks providing an ample flush of water to thoroughly 
cleanse the bowl. Each such water-closet shall be located 
inside^ the dwelling or other building in connection with 
which it is to be used, in a compartment completely sepa- 
rated from every other water-closet, and such compart- 
ment shall contain a window of not less than FOUR square 
feet in area opening directly to the street, or rear yard or 
on a side yard or court of the minimum sizes prescribed 
in sections twenty-two, twenty-three, twenty-four and 
twenty-five of this act. The floors of the water-closet 
compartments shall be as provided in section forty-seven 
of this act. Such water-closets shall be provided in such 
numbers as required by section ninety-three of this act. 
Such water-closets and all plumbing in connection there- 
with shall be sanitary in every respect and, except as in 
this act otherwise provided, shall be in accordance with 
the local ordinances and regulations in relation to plumb- 
ing and drainage.*^ Pan, plunger and long hopper closets 
will not be permitted. No water-closet shall be placed 
out of doors. 

Note i : This is the most important provision that Explana- 
can be enacted with regard to the improvement of the ^[^^ 
older buildings. It is one which will as a rule create 
much opposition, as it involves owners in considerable 
expense; }et all cities should unhesitatingly enact it. 
It requires existing privy vaults, whether sewer- 
connected or not, and all similar receptacles to be done 
away with within a certain time, preferably a year, 
and new modern sanitary water-closets installed in- 
side of the building in their place. 

There is a very material difference between this 
247 



A MODEL HOUSING LAW § I24 

requirement and the one found in the same section 
of the first edition of this book and in most of the 
laws that have been enacted since 191 4 and which 
have been based upon it. There, the removal of 
these nuisances was required only where a sewer con- 
nection was possible. In this revised provision, this 
is required just as soon as there is a communal water- 
supply. For further discussion of this subject see 
Section 9, Note 2. 

Note 2: The constitutional question may be raised 
with regard to this requirement but cities can adopt 
it with perfect confidence that they are on safe ground. 
The question has been settled for all time. A similar 
provision was put into effect in New York City in 1 90 1 . 
Its constitutionality was tested and the case went 
through all the courts of the state and ultimately 
went to the Supreme Court of the United States. The 
law was uniformly sustained in each of these courts. 
(Tenement House Department vs. Moeschen, 203 U. 
S. 583.) 

Note 3: It should be noted that the provision as 
herein stated applies to all privy vaults in the city, 
whether they are used in connection with dwellings, 
or commercial buildings, or in any other way. This is 
for the reason that there is no way otherwise to safe- 
guard the members of the community living in resi- 
dential sections from the danger of infection through 
the medium of the house-fly. For further discussion 
see Note 10 under Section 47. 

Note 4: It is only proper to allow owners a reason- 
able time in which to make this alteration. It in- 
volves in some cases the preparation of plans by an 
architect and structural alteration of the building. It 
also involves in all cases expense to the owner. In 
most communities it is the custom to allow one year's 
time in which to make these changes. The method 
of expressing this as adopted in this section is one that 
should be observed. It should be noted that the 
requirement is that these vaults shall be removed 
before a certain date. This does not prohibit the re- 
moval of them at an earlier date if the health author- 
ities require it. They should be free to require it. 
In this connection see Section 11. There may be 
circumstances where it is necessary to require the 
removal of such vaults in a less time than one year. 

248 



§ 124 



IMPROVEMENTS 




H «-y o' — '\ 

Figure 39 

Putting Water-closets Inside the House Between Two Flats 

IN A Four-room Deep House 



249 



A MODEL HOUSING LAW 



§ 124 




Figure 40 

Putting Water-closets Inside the House Between Two Flats 

IN A Front and Rear House 

250 



124 



IMPROVEMENTS 





Figure 41 

Putting Water-closets Inside the House Off the Public Hall 

Plan of Entrance Floor 



251 



A MODEL HOUSING LAW 



§124 



I 




Figure 42 
Putting Water-closets Inside the House, Two Fixtures per 

Floor 



252 



124 



IMPROVEMENTS 




Figure 43 

Putting Water-closets Inside the House in a Four-family on a 

Floor Flat 

Two water-closets off the public hall 



253 



A MODEL HOUSING LAW 



124 




Figure 44 

Putting Water-closets Inside the House 

Building an extension for them at the rear 



254 



§ 124 



IMPROVEMENTS 




Figure 45 

Putting Water-closets Inside the House 

Two water-closets in an old dwelling used as a tenement 



255 



A MODEL HOUSING LAW § 1 24 

Note 5 : This provision prohibits the construction 
of outdoor water-closets in place of the vaults. The 
outdoor closet is almost as great an evil as the vault. 
This matter is fully discussed in Note 10 under Section 
47. The only place for a water-closet is inside the 
house. There is always a place inside the building, 
though owners will say there is not. In the case of 
private dwellings and two-family houses there is of 
course no difficulty. In the case of multiple dwellings 
where there are many families the problem is not so 
simple. Space can always be found, however, by 
giving up one room on the ground floor or on the top 
floor to a group of closets, having each closet separ- 
ately ventilated to the outer air and in a separate 
compartment, or it can be done by putting one or 
two closets on each floor off the public hallway or 
between the two apartments, depending upon the 
number of families on a floor. This is the better way. 
In whatever way it is done it generally means altera- 
tion and readjustment and sometimes the giving up 
of rentable floor space. It always means, however, 
an improvement to the building, for which the tenants 
are wiUing to pay. By a slight increase in the 
monthly rental for each family, the interest on the 
money thus expended can be easily obtained. Ir- 
respective of any of these considerations, the im- 
provement is one which public safety demands. 
No city can call itself civilized which tolerates privy 
vaults. 

Note 6: The new closets that must be installed 
are required to comply with the provisions relative to 
closets that would be installed in a new dwelling. The 
reasons for the various requirements as laid down in 
this section are all discussed in the discussion relative 
to new closets under Section 47. 

Note 7: A "school-sink" is nothing more nor less 
than a sewer-connected privy vault. It derives its 
name from the fact that it was originally used in 
connection with the toilet accommodations provided 
for the public schools in New York City; it is called 
a sink because the trough which receives the contents 
of the privy is an iron trough or sink sunk in the 
ground. See Figure 46 on next page. 



256 



§>25 



IMPROVEMENTS 



LONGITUDINAL SECTIONS 



---- 

f, " 

w 


11 









y 


' 


■' 


:• 
























I 








••: 


1 




i 


1 


OUTLET UNDER 
SEAT 




ij: 




8 / 






I-- 








-i-f 


• 


— — 


\ 




r 


ff 




"j 


'• '•'-^j^^ 












Figure 46 
A School-Sink 



§ 125. Basements and Cellars. The floor of the cellar 
or lowest floor of every dwelling shall be free from damp- 
ness and, when necessary, shall be concreted with not less 
than FOUR inches of concrete of good quality and with a 
finished surface. The cellar ceiling of every dwelling shall 
be plastered, when so required by the health officer. 

Note: Damp cellars cause disease. Where cellar Explana- 
conditions are good and the cellar floor for instance is ^-Jq^ 
of rock, it is not necessary to concrete it, but whenever 
necessary the floor should be concreted to prevent 
dampness. A concrete floor 4 inches thick is the 
standard in most cities. If objection is made to this 
•on the ground of expense, the standard can be reduced 
to 3 inches without danger. The important thing is 
that the concrete shall be of good quality and that 
the job shall be well done. The requirement for a 
finished surface is for the purpose of preventing germs 
and filth collecting upon a rough floor. The reason 
for requiring the cellar ceiling to be plastered is to 
prevent cellar air from permeating the rest of the 
building. It is for the purpose of protecting the 
health of the occupants of the' building living upstairs 
and not merely for the welfare of the persons who may 
live in the basement or first floor. It will not do to 
require the cellar ceiling to be plastered in every case. 



17 



257 



A MODEL HOUSING LAW §§ 1 26, I27 

however, because sometimes it is a fire-resistive ceiling 
made of fire-resistive blocks. Plaster in that case would 
be an unnecessary expense. In other cases the ceiling 
is nicely sheathed with matched boards. Sometimes 
it is covered with a good metal ceiling. The question 
is one which necessarily must be left to the discretion 
of the enforcing officials to apply the remedy appro- 
priate to the varying conditions found. 

§ 126. Shafts and Courts. In every dwelling where 
there is a court or shaft of any kind, there shall be at the 
bottom of every such shaft and court a door giving suf- 
ficient access to such shaft or court to enable it to be prop- 
erly cleaned out. Provided that where there is already a 
window giving proper access it shall be deemed sufficient. 

Explana- Note: In tenement houses especially the occupants 

tion frequently throw waste material out of the windows 

and this accumulates at the bottom of the court or 
shaft. This creates unsanitary conditions and fre- 
quently is a fire danger. Unless it is easy to get at 
this space and clean it out it is apt to be neglected. 

§127. Egress. Every multiple-dwelling^ exceeding one 
story in height shall have at least two independent ways of 
egress constructed and arranged as provided in section 
fifty-one of this act. In the case of multiple-dwellings 
erected prior to the passage of this act where it is not prac- 
ticable to comply in all respects with the provisions of that 
section, the inspector of buildings shall make such require- 
ments as may be appropriate to secure proper means of 
egress from such multiple-dwellings for all the occupants 
thereof. No existing fire-escape shall be deemed a sufficient 
means of egress unless the following conditions are com- 
plied with ■? 

(i) All parts of it shall be of iron, cement or stone. 

(2) The fire-escape shall consist of outside balconies 
which shall be properly connected with each other by 
adequate stairs or stationary^ ladders, with openings not 
less than TWENTY-FOUR by TWENTY-EIGHT inches. 

258 



§ 127 IMPROVEMENTS 

(3) All fire-escapes shall have proper drop ladders or 
stairways from the lowest balcony of sufficient length to 
reach a safe landing place beneath, 

(4) All fire-escapes not on the street shall have a safe 
and adequate means of egress from the yard or court to 
the street or alley or to the adjoining premises. 

(5) Prompt and ready access shall be had to all fire- 
escapes, which shall not be obstructed by bath-tubs, 
water-closets, sinks or other fixtures, or in any other way. 

All fire-escapes that are already erected which do not 
conform to the requirements of this section may be altered^ 
by the owner to make them so conform in lieu of providing 
new fire-escapes, but no existing, fire-escape shall be ex- 
tended or have its location^ changed except with the writ- 
ten approval of the inspector of buildings."* All fire-escapes 
hereafter erected^ on any multiple-dwelling shall be located 
and constructed as prescribed in section fifty-two of this 
act. 

Note i : This section deals with means of egress in Explana- 
existing multiple dwellings. It does not apply toother tion 
classes of dwellings, nor does it apply to multiple 
dwellings unless over one story in height. Owing to 
the varying conditions which exist in the different 
kinds of multiple dwellings erected at different times 
in each city, it is not practicable without imposing 
undue hardships, to lay- down a precise and exact 
statement of conditions which must be complied with 
in regard to means of egress from such buildings. It 
is necessary, therefore, to leave to the enforcing of- 
ficials in this case the power to require whatever may 
be necessary in order to secure proper means of egress 
for all the occupants of the building. 

Note 2: An attempt has been made, however, to 
enumerate certain fundamental requirements which 
must be present in order to constitute a fire-escape 
a proper means of egress. These fundamental re- 
quirements it is not within the power of the enforcing 
official to modify or waive. 

Note 3: The reasons for making the requirements 
which are enumerated in the five subdivisions of this 
section have been fully set forth in connection with 
259 



A MODEL HOUSING LAW §§ I28, I29 

the discussion of the details of new fire-escapes in 
Section 52. It will be noted that stationary ladders 
are here permitted connecting the balconies, whereas 
in new fire-escapes they are forbidden and stairs re- 
quired. It would be a hardship to require existing 
fire-escapes now equipped with ladders to be altered 
and stairs substituted, as this would practically mean 
the complete demolition of the fire-escapes and the 
erection of new ones. 

Note 4: The proper official to enforce this section 
is the inspector of buildings; where no such official 
exists, the fire marshal or fire commissioner. In this 
connection see Section 153; also Section 2, Subdivi- 
sion 20. 

Note 5: It is deliberately intended to permit the 
alteration of existing fire-escapes which do not con- 
form in every respect to the requirements of this sec- 
tion, so as to impose upon owners as little expense as 
possible. 

Note 6: It is obvious that the owner should not be 
permitted to change the location of fire-escapes with- 
out having the matter first submitted to the respon- 
sible public official and passed upon by him. 

Note 7: Where entirely new fire-escapes are erected 
they must comply in every respect with Section 52 
governing the construction of fire-escapes for new 
dwellings. 

§ 128. Additional Means of Egress. Whenever any 
multiple-dwelling is not provided with sufficient means 
of egress in case of fire the inspector of buildings shall order 
such additional means of egress as may be necessary. 

Explana- Note: This is a broad "drag-net" power conferred 

tion upon the enforcing officials to enable them to deal 

with cases which may arise which it has not been 

possible to foresee in drafting the law. The power is 

supplementary to the powers already conferred. 

§ 129. Roof Egress; Scuttles, Bulkheads, Ladders 
AND Stairs. Every flat-roofed multiple-dwelling exceed- 
ing one story in height erected prior to the passage of this 
act shall have in the roof a bulkhead, or a scuttle which 
shall be not less than TWO feet by THREE feet in size. 

260 



§ 129 IMPROVEMENTS 

All such bulkheads and scuttles shall be fire-resistive or 
covered on the outside with metal and shall be provided 
with stairs or stationary ladders leading thereto and easily 
accessible to all occupants of the building. No scuttle 
or bulkhead shall be located in a room, but shall be located 
in the ceiling of the public hall on the top floor, and access 
through the same to the roof shall be direct and uninter- 
rupted. When deemed necessar\' by the inspector of 
buildings scuttles shall be hinged so as to readily open. 
Every bulkhead in such multiple-dwelling shall have 
stairs with a guide or hand-rail leading to the roof, and 
such stairs shall be kept free from incumbrance at all 
times. No scuttle and no bulkhead door shall at any time 
be locked with a key, but either may be fastened on the 
inside by movable bolts or hooks. All key-locks on 
scuttles and on bulkhead doors shall be removed. 

Note: This is a requirement for means of roof Explana- 
egress in existing multiple dwellings. It does not tion 
apply to other kinds of dwellings. The various 
points in this section have been fully discussed in 
connection with Section 53 and need no further illus- 
tration. The requirement that scuttles shall be 
hinged in certain cases is to meet the situation where 
the scuttles are too heavy to be easily raised by the 
ordinary person. 



261 



A MODEL HOUSING LAW 



ARTICLE VI 
REQUIREMENTS AND REMEDIES 

In this article will be found the legal requirements, 
penalties for violations of the law, procedure, et 
cetera. 

Explana- Note: The tendency of many housing reformers 

tion when they come to this article is to skip it, as it deals 

with matters which as a rule are not understood by the 
layman. This is not, however, safe procedure. The 
rest of the law will be found to be of little effect unless 
most of these remedies are enacted. This article 
should be especially referred to a local lawyer to 
make sure that it is in harmony with the legal prac- 
tice in that city, and should be modified to suit the 
local practice. There are no sections in this article 
which can wisely be omitted. An effort to simplify 
and condense the law on this point is sure to produce 
disastrous results in the end. 



262 



§ 140 REQUIREMENTS AND REMEDIES 

§ 140. Permit to Commence Building.^ Before the 
construction or alteration of a dwelling, or the alteration 
or conversion of a building for use as a dwelling, is com- 
menced, and before the construction or alteration of any 
building or structure on the same lot- with a dwelling, the 
owner, or his agent or architect shall submit to the health 
officer a detailed statement in writing, verified^ by the 
affidavit of the person making the same, of the specifica- 
tions for such dwelling or building, upon blanks or forms 
to be furnished by such health officer, and also full and 
complete copies of the plans of such work. With such 
statement there shall be submitted a plat of the lot^ or 
plot of ground on which any such dwelling or building is 
to be erected or placed, showing the dimensions of the 
same, the location and outside dimensions of the proposed 
building and of all other buildings on the lot. Such state- 
ment shall give in full the name and residence, by street 
and number, of the owner^ or owners of such dwelling or 
building and the purposes for which such dwelling or build- 
ing will be used. If such construction, alteration or con- 
version is proposed to be made by any other person than 
the owner of the land in fee, such statement shall contain 
the full name and residence, by street and number, not 
only of the owner of the land, but of every person interested 
in such dwelling, either as owner, lessee or in any repre- 
sentative capacity. Said affidavit shall allege that said 
specifications and plans are true and contain a correct de- 
scription of such dwelling, building, structure, lot and 
proposed work. The statements and affidavits herein pro- 
vided for may be made by the owner, or by the person who 
proposes to make the construction, alteration or conver- 
sion, or by his agent or architect. No person, however, 
shall be recognized as the agent of the owner, unless he 
shall file with the said health officer a written statement 
signed by such owner designating him as such agent. ^ 
Any false swearing^ in a material point in any such affi- 
davit shall be deemed perjury. Such specifications, plans 
and statements shall be filed^ in the said health depart- 

263 



A MODEL HOUSING LAW § I40 

ment and shall be deemed public records, but no such 
specifications, plans or statements shall be removed from 
said health department. The health officer shall cause all 
such plans and specifications to be examined with respect 
to the provisions of this act over which he has jurisdiction 
as set forth in section one hundred and fifty-three. If such 
plans and specifications conform to such provisions of this 
act, they shall be approved by the health officer and a 
written certificate to that effect shall be issued by him to 
the person submitting the same. Such health officer may, 
from time to time, approve changes in any plans and 
specifications previously approved by him, provided the 
plans and specifications when so changed shall be in con- 
formity with law. The construction, alteration or con- 
version of such dwelling, building or structure, or any part 
thereof, shall not be commenced until the filing of such 
specifications, plans and statements, and the approval 
thereof, as above provided. The inspector of buildings 
shall not issue a permit for the erection or alteration of 
any dwelling until he shall receive from such health officer 
a written certification that the plans for such dwelling 
comply with those provisions of this act for the enforce- 
ment of which the health officer is responsible. Nor shall 
the inspector of buildings issue any such permit unless 
said dwelling also complies with those provisions of this 
act the enforcement of which is vested in the inspector of 
buildings. The construction, alteration or conversion of 
such dwelling, building or structure shall be in accordance 
with such approved specifications and plans. Any permit 
or approval which may be issued by the health officer but 
under which no work has been done above the foundation 
walls within one year from the time of the issuance of such 
permit or approval, shall expire by limitation.^ Such 
health officer shall have power for just cause to revoke or 
cancel any permit or approval in case of any failure or 
neglect to comply with any of the provisions of this act, 
or in case any false statement or representation is made in 
any specifications, plans or statements submitted or filed 

264 



§ 140 REQUIREMENTS AND REMEDIES 

for such permit or approval. Whenever improvements or 
alterations are ordered by the health officer in a dwelling 
heretofore erected, the plans for such changes shall, before 
a permit is issued by the inspector of buildings, be sub- 
mitted to the health officer and be by said officer approved. 

Note i : This section provides for the procedure Explana- 
with regard to the filing of plans and specifications tion 
with the health officer before building a new dwelling, 
or altering an existing one, or converting some existing 
building into a dwelling. 

Note 2: it also applies to the construction of a 
building other than a dwelling on the same lot, so as 
to enable the health officials to see that the require- 
ments of the law are observed and that the necessary 
open spaces between such buildings are maintained. 

Note 3: The phrase "verified by the affidavit of 
the person making the same" means that the state- 
ment shall be sworn to before a notary public or a 
commissioner of deeds. 

Note 4: The requirement that with the statement 
there shall be submitted a plat of the lot showing its 
dimensions and certain other facts is important. A 
common practice with unscrupulous builders and 
architects is to file false dimensions of their lots, and 
where the adjoining premises are not built upon the 
inspector, when he inspects the job, is often deceived. 
The requirement that a plat of the lot be filed will 
avoid this and enable the department to verify the 
property lines through the insurance maps or through 
the records of some title company. It also places the 
department in a much stronger position in subsequent 
litigation if an attempt at deception is made. 

Note 5 : The name and address of the owner and 
other persons responsible are of course essential. 

Note 6: No person should be permitted to file 
plans unless his authority so to do is authorized in 
writing by the owner. This is an important provision. 
Without it, it has frequently happened that the archi- 
tect who has filed the plans has made changes in them 
without authority from the owner in order to get the 
plans approved. The owner has then built the build- 
ing in accordance with the original plans which were 
disapproved, and when called to account by the de- 
265 



A MODEL HOUSING LAW • § I4I 

partment has claimed that he never knew that changes 
had been made and that he did not authorize the 
architect to make them. Under these circumstances 
it is difficult to hold anybody responsible. The re- 
quirement mentioned will prevent any such evasion. 

Note 7: The declaration that any false swearing 
shall be deemed perjury is probably not of very great 
value in view of the common practice which prevails 
in many of our courts where day by day witnesses 
perjure themselves and nothing happens; but it may 
have the moral value of frightening builders and 
architects who would otherwise be inclined to resort 
to questionable practices. 

Note 8: It is necessary to provide that the plans 
shall be kept on file in the office of the health depart- 
ment because in some cities the delightfully ingenuous 
method is practiced by which a builder submits the 
plans to the inspector of buildings, the inspector of 
buildings approves them, then the plans are taken 
away and the inspector of buildings has no means of 
knowing whether the building is erected in accord- 
ance with the plans or not. Building inspection under 
these circumstances is farcical, but this is the only 
method that is employed in a number of cities. It 
is obvious that the plans to be of value must remain 
in the health department at all times. The pro- 
vision that the plans shall be deemed public records 
will enable the housing reformer when he wishes to get 
after the public official, in case the law is not being 
complied with, to get at the records and examine 
them. Without such a clause the claim might be 
made by a health officer who wished to block such an 
inquiry that he could not permit examination of the 
plans as these were the property of the architect who 
had filed them. 

Note 9: It is good practice to have permits expire 
by limitation after an interval of one year. Without 
this provision, the filing of plans and the securing of 
their approval might give the right to build under the 
same plans ten years later although the law might 
have been changed radically in the interval. This of 
course is not desirable. 

§ 141. Certificate of Compliance.^ No building here- 
after constructed as or altered into a dwelling shall be 

266 



§ 141 REQUIREMENTS AND REMEDIES 

occupied in whole or in part^ for human habitation until 
the issuance of a certificate'^ by the health officer that said 
dwelling conforms in all respects to the requirements of 
those provisions of this act relative to dwellings hereafter 
erected the enforcement of which is vested in the health 
officer as provided in section one hundred and fifty-three. 
Such certificate shall be issued within fifteen days after 
written application therefor if said dwelling at the date of 
such application shall be entitled thereto. 

Note i : This is a provision of much importance as Explana- 
it assures the building of new houses in strict com- \^[q^ 
pliance with the law, by preventing their occupancy 
without a certificate from the health officer to the 
effect that the dwelling has been built in accordance 
with law. If the community wants its buildings built 
right this is the way to bring it about. No one can 
properly raise any objection to this requirement, 
though the whole building fraternity in the locality 
ma\' secretly oppose it, as few buildings are erected ac- 
cording to law at the present time. No valid argu- 
ment can be advanced against this section as it is the 
. builder's business to know what the law is before he 
builds and to comply with it. Having filed plans with 
the health officer and secured their approval, it is his 
further duty to build in accordance with them. If 
he wants to make changes he should get the consent of 
the health officer before such changes are made. The 
'^ provisions of this section should be strictly enforced 
and owners should not be permitted to put tenants in 
new buildings or to occupy them themselves without 
such a certificate. 

Note 2: Where buildings are built on building 
loans, as most of them are in our cities, efforts should • 
be made to get the title companies, banks, insurance 
companies, lawyers, and capitalists who make such 
loans to refuse to make the final payment until the 
builder can show this final certificate from the health 
officer. This system has been in practice in New 
York City since 1901 and has brought about most 
beneficial results. 

Note 3: The builders of modern hotels and high- 
class apartment houses very often desire to occupy 
part of such buildings before the building is entirely 
2.67 



A MODEL HOUSING LAW 



§ 142 



completed. There is no objection to this provided 
the parts occupied, and accessory to them, such as 
stairs, elevators, etc., are built according to law and 
are also completed and fit for occupancy. In such 
cases it is wise to adopt the following Concession: 

Concession Concession: "Nothing in this section contained shall 
be construed so as to prohibit the health officer from issu- 
ing a certificate for the occupancy of any complete unit 
of a multiple-dwelling when such unit is entitled thereto 
and is in proper condition for occupancy in the opinion 
of the health officer." 



Explana- 
tion 



§ 142. Unlawful Occupation. ^ If any building here- 
after constructed as or altered into a dwelling be occupied 
in whole or in part for human habitation in violation of 
the last section, during such unlawful occupation no rent^ 
shall be recoverable by the owner or lessee of such premises 
for said period, and no action or special proceeding shall 
be maintained therefor or for possession of said premises 
for non-payment of such rent, and said premises shall be 
deemed unfit for human habitation and the health officer 
may2 cause them to be vacated accordingly. 

Note i : This seemingly drastic provision is neces- 
sary in order to prevent the occupancy of new build- 
ings built contrary to law and which do not have a 
certificate as required in Section 141. The health 
officer should not hesitate to vacate buildings thus 
unlawfully occupied. 

Note 2: It is not made mandatory upon the health 
officer to vacate buildings thus occupied, because it is 
recognized that there may be one or two technical 
violations of the law which are easily and quickly 
remedied and that a mere service of notice upon the 
owner will bring about compliance without resorting 
to the extreme remedy of vacation. Where there 
are serious violations, however, buildings should be 
quickly vacated. The only satisfactory thing is not 
to allow them to be tenanted. 

Note 3: If objection is made to the clause that no 
rent shall be recoverable by the owner and that no 
268 



it 



§ 143 REQUIREMENTS AND REMEDIES 

action for the recovery of the premises or for non- 
payment of rent may be had, on the ground that this 
is too drastic, there is no harm in permitting a con- 
cession in this respect. In such case the following 
concession is suggested. After the words "unlawful 
occupation" omit the following: 



Concession: "no rent shall be recoverable by the Concession 
owner or lessee of such premises for said period, and no 
action or special proceeding shall be maintained therefor 
or for possession of said premises for non-payment of such 
rent, and" 

§ 143. Penalties for Violations.^ Every person who 
shall violate or assist in the violation of any provision of 
this act shall be guilty of a misdeineanor' punishable by 
imprisonment for TEN days for each and every day that 
such violation shall continue, or by a fme of not less than 
TEN dollars nor more than ONE HUNDRED dollars if 
the offense be not wilful, or of TWO HUNDRED AND 
FIFTY dollars if the offense be wilful, and in every case 
of TEN dollars for each day after the first that such vio- 
lation shall continue, or by both such fme and imprison- 
ment in the discretion of the court. The owner of any 
dwelling, or of any building or structure upon the same 
lot with a dwelling, or of the said lot, where any violation 
of this act or a nuisance exists, and any person who shall 
violate or assist in violating any provision of this act, or 
any notice or order of the health officer^ made under the 
authority of the provisions of this act, shall also jointly 
and severally for each such violation and each such nuis- 
ance be subject to a civil penalty of FIFTY dollars.^ 
Such persons shall also be liable for all costs, expenses 
and disbursements-^ paid or incurred by the health de- 
partment, by any of the officers thereof or by any agent, 
employee or contractor of the same, in the removal of 
any such nuisance or violation. Any person who having 
been served with a notice or order to remove any such 
nuisance or violation shall fail to comply with said no- 

269 



A MODEL HOUSING LAW § I43 

tice or order within FIVE days after such service, or shall 
continue to violate any provision or requirement of this 
act in the respect named in said notice or order, shall also 
be subject to a civil penalty of TWO HUNDRED AND 
FIFTY dollars. For the recovery of any such penalties, 
costs, expenses or disbursements, an action may be brought 
in any court of civil jurisdiction.^ In case the notice re- 
quired by sections one hundred and forty-eight and one 
hundred and forty-nine of this act is not filed, or in case 
the owner, lessee or other person having control of such 
dwelling does not reside within the state, or cannot after 
diligent effort be served with process therein, the existence 
of a nuisance or of any violation of this act, or of any 
violation of an order or a notice made by said health offi- 
cer as authorized by this act, in said dwelling or on the 
lot on which it is situated, shall subject said dwelling and 
lot^ to a penalty of TWO HUNDRED AND FIFTY dol- 
lars. Said penalties shall be a lien^ upon said house and lot. 

Exnlana- Note i : This important section of the law provides 

^^^ for the penalties incurred by persons violating it. It 

should be noted, in the first place, that every person 
who violates any provision of the act is liable under it. 
This means not only owners, but tenants, also con- 
tractors, builders, architects and their assistants or 
workmen. It even applies to public officials. If 
the health officer or inspector of buildings violates it 
in failing to enforce it, he is similarly liable for these 
penalties. 

This provision is one to point out to owners when 
they make claim, as they always do, that the tenant is 
never held responsible and that all responsibility is 
placed upon the owner. This should answer that 
argument. 

Note 2: Two kinds of penalties are provided, crim- 
inal and civil. Under the criminal procedure a viola- 
tion of the act is punishable by either imprisonment 
for ten days for each day that the violation continues 
or by a fine of not less than $10 or more than J 100; 
but where the violation is wilful, the fine is made $250, 
or the offender may be punished by both fine and im- 
prisonment in the discretion of the court. 
270 



§ 144 REQUIREMENTS AND REMEDIES 

Note 3: It should be observed that the penalties 
which attach to the violation of this law also attach to 
the failure to comply with any notice issued by the 
health officer under authoritx' of this act, which is a 
ver\' distinct broadening of his powers. 

Note 4: Any person violating the law is also sub- 
ject to a civil penalty of §50 and to a further civil 
penalty of 3^250 if he fails to comply with a notice or 
order from the enforcing official within five days after 
service thereof. 

Note 5 : Liability is also incurred for any necessary 
disbursements or expenses incurred by the health de- 
partment in remedying unsanitary conditions. This 
applies where the health officer is unable to get prompt 
compliance from the owner and has to remove the 
violation himself through his own employees or con- 
tractors, as is authorized in the last part of Section 144. 

Note 6: An important provision is the one which 
gives the department the right to bring an action in 
any court of civil jurisdiction. This means that these 
actions need not be brought always in the minor 
courts where the judges are often not sympathetic to 
the enforcement of housing laws. 

Note 7: The somewhat novel procedure is adopted 
by which where it is difficult to find the owner, or in 
the case of an absentee owner, it is possible to bring 
proceedings in rem, that is, against the dwelling itself, 
following the practice that prevails in the admiralty 
law. 

Note 8: The requirement that penalties imposed 
in such cases shall be a lien on the property is neces- 
sary, as otherwise the owner might transfer the prop- 
erty and thus escape the penalty. 



§ 144. Procedure.^ Except as herein otherwise speci- 
fied, the procedure for the prevention of violations of this 
act or for the vacation of premises unlawfully occupied, 
or for other abatement of nuisance in connection with a 
dwelling, shall be as set forth in charter and ordinances. 
In case any dwelling, building or structure is constructed, 
altered, converted or maintained in violation of any pro- 
vision of this act or of an\' order or notice of the health 
officer made under the authorit\' of the provisions of this 

271 



A MODEL HOUSING LAW § I44 

act, or in case a nuisance exists in any such dwelling, 
building or structure or upon the lot on which it is situated, 
said health officer may institute any appropriate action^ 
or proceeding to prevent such unlawful construction, al- 
teration, conversion or maintenance, to restrain, correct 
or abate such violation or nuisance, to prevent the occu- 
pation of said dwelling, building or structure, or to prevent 
any illegal act, conduct or business in or about such dwell- 
ing or lot. In any such action or proceeding said health 
officer may by affidavit setting forth the facts apply to 
the circuit 3 court or to any justice thereof for an order 
granting the relief for which said action or proceeding is 
brought, or for an order enjoining all persons from doing 
or permitting to be done any work in or about such dwell- 
ing, building, structure- or lot, or from occupying or using 
the same for any purpose until the entry of final judgment 
or order. In case any notice or order issued by said health 
officer is not complied with, said health officer may apply 
to the circuit court^ or to any justice thereof for an 
order authorizing him to execute and carry out"^ the pro- 
visions of said notice or order, to remove any violation 
specified in said notice or order, or to abate any nuisance 
in or about such dwelling, building or structure or the 
lot upon which it is situated. The court or any justice 
thereof is hereby authorized to make any order specified 
in this section. In no case shall the health department, 
health-officer, or any officer, or employee thereof, or the 
city, be liable^ for costs in any action or proceeding that 
may be commenced in pursuance of this act. The actions, 
proceedings and authority of the health officer shall at 
all times be regarded as in their nature judicial, and shall 
be treated as prima facie just and legal. ^ 

Explana- Note i : It is deliberately planned in this and other 

tion sections to give to the enforcing officials in their fight 

against unsanitary conditions every weapon known to 
modern or ancient warfare. The health officer should 
be armed with rifie, shot gun, automatic revolver, 
howitzer, stiletto, dirk, cutlass, and poignard. It is 
272 



§ 144 REQUIREMENTS AND REMEDIES 

true that he will seldom wish to use all of these; cer- 
tainly not all at once; but there are troublesome cases 
where he may need to use powers which he would 
ordinarily not think of using. One great advantage of 
giving such broad powers to the enforcing official is 
that it deprives him completely of the excuse that he 
has not sufficient power to enable him to remedy the 
conditions. This is a favorite excuse of incompetent 
public officials in all branches of civic work. On the 
other hand, housing reformers need have no fear of 
such powers being abused. The cases where a 
health officer has exceeded his powers are so rare as to 
be negligible. The ordinary health officer is much 
more likely to err on the other side and fail to use his 
powers because of "pressure" or opposition of in- 
terests affected. 

Note 2: Under the provisions of this and other 
sections the health officer may use any or all of the 
following methods in trying to bring about compliance 
with the law. He may sue the responsible person for 
a penalty in a civil suit; he may arrest the offender 
and put him in jail; he may stop the work in the case 
of a new building, and prevent its going on; he may 
prevent the occupancy of a building and keep it 
vacant until such time as the conditions complained 
of are remedied; he can evict the occupants of a 
building where conditions are contrary to law and 
prevent its reoccupancy until the conditions have 
been cured; and finally, he can hire workmen and go 
in and remedy the defects himself, charging the cost 
to the owner. All of these things a health officer 
should be given power to do. No one of them is un- 
necessary. For further discussion of this subject see 
Housing Reform.* 

Note 3: It should be observed that under the pro- 
visions of this section the health officer is not limited 
to bringing actions in the minor courts, where fre- 
quently unsatisfactory results are obtained. In- 
stead if he so desires he can bring an action in the 
higher courts. The name of such court varies in dif- 
ferent states. By "circuit" court is meant that state 
court next highest to the court of last resort in the 
state. 

Note 4: The power to hire laborers and do the 

* Housing Reform, pp. 138-144. 
18 273 



A MODEL HOUSING LAW § I45 

work himself is an important one, especially in cases 
where nuisances exist which are dangerous to the 
community and the owner refuses or neglects to com- 
ply with reasonable promptness. This is especially 
important in the case of a privy vault where an entire 
neighborhood may be injured by its presence or where 
there are accumulations of filth and garbage in back 
yards and the owner cannot be brought to remove 
them. 

If the health officer is to do such work, however, 
provision must be made for a contingent fund out of 
which he can pay the contractors as otherwise this 
power will be found of little effect. It is not advised 
that this method be generally employed but only in 
emergencies. 

Note 5: The provision that the city officials shall 
not be liable for suits for damages because of their 
official action is a very proper one. Without this 
provision it might be easy for an owner to scare a 
timid health officer by threatening personal prosecu- 
tion with the result of stopping the issuance of orders 
necessary for the protection of the health of the 
community. 

Note 6: The requirement that the actions, proceed- 
ings and authority of the health officer shall be 
deemed just and legal is an important one and saves a 
great deal of red tape in the authentication of papers 
of the health department. It is proper that the court 
should enter upon the hearing of the case with the 
assumption that the city officials are acting in good 
faith. It is not like a case of private litigation. 

§ 145. Tenant's Responsibility. If the occupant of a 
dwelling shall fail to comply with any provision of this act 
for which he is responsible and over which he has control 
after due and proper notice from the health officer, such 
• failure to comply shall be deemed sufficient cause for the 
summary eviction of such tenant by the owner and the 
cancellation of his lease. 

Explana- Note: This is an important and necessary provi- 

sion sion so far as it relates to conditions for which the oc- 

cupants of dwellings are responsible and over which 
they have control. This means especially conditions 
274 



§§ 146, 147 REQUIREMENTS AND REMEDIES 

of uncleanliness, accumulations of filth, and so forth. 
It properly gives the owner a club to hold over the 
delinquent tenant's head. Where he fails to clean 
up and the owner evicts him and the dwelling becomes 
vacant, then of course the duty of cleaning up rests 
on the owner before a new tenant is taken into the 
house. 

§ 146. Liens. Every fme imposed by judgment under 
section one hundred and fort>-three of this act upon the 
owner of a dwelling shall be a lien^ upon the real property 
in relation to which the fme is imposed from the time of the 
filing of a certified copy of said judgment in the office of 
the clerk of the county in which said dwelling is situated, 
subject onl)' to taxes, assessments and water rates and to 
such mortgage and mechanics' liens as may exist thereon 
prior to such filing; and it shall be the duty of the health 
officer upon the entry of said judgment to forthwith file 
the copy as aforesaid, and such copy, upon such filing, 
shall be forthwith indexed by the clerk in the index of 
mechanics' liens. 

Note i : All penalties that may be imposed by Explana- 
judgment are made liens upon the property. This is ^j^^ 
necessary as otherwise there would be no way of col- 
lecting them, as the owner could transfer the property 
to a dummy. Judgments under such circumstances 
would have no terror for owners who refused to obey 
the law, and civil proceedings, as well as criminal pro- 
ceedings where fines are imposed, would soon lose 
their value as a means of securing law enforcement. 

Note 2: Care should be taken to see that the 
method prescribed here is in harmon)' with the local 
practice. 

§ 147. Lis Pendens. 1 In any action or proceeding in- 
stituted by the health officer, the plaintiff or petitioner 
may file in the count)' clerk's office of the county where the 
property affected by such action or proceeding is situated, 
a notice of the pendency of such action or proceeding. 
Said notice ma\' be filed at the time of the commencement 

275 



A MODEL HOUSING LAW § I48 

of the action or proceeding, or at any time afterwards 
before final, judgment or order, or at any time after the 
service of any notice or order issued by said health officer. 
Such notice shall have the same force and effect as the 
notice of pendency of action provided for in the code of 
civil procedure. Each county clerk with whom such 
notice is filed shall record it, and shall index it to the name 
of each person specified in a direction subscribed by the 
corporation counsel. Any such notice may be vacated 
upon the order of a judge or justice of the court in which 
such action or proceeding was instituted or is pending, or 
upon the consent in writing of the corporation counsel. 
The clerk of the county where such notice is filed is hereby 
directed to mark such notice and any record or docket 
thereof as canceled of record, upon the presentation and 
filing of such consent or of a certified copy of such order. 

Explana- Note i : The purpose of this provision is to make 

^JQj^ public the fact that there is litigation with regard to a 

particular building and that there are violations of 
law which the city is trying to have removed, and thus 
prevent unscrupulous owners from "unloading'' the 
property upon innocent purchasers who might buy 
in ignorance of the fact that there were these existing 
violations. This provision should be differentiated 
from the ordinary filing of a lis pendens (suit pending) 
after the entry of final judgment, which of course can 
always be done'without any special provision in an 
act of this kind. What this section does is to permit 
the filing of such notice at the beginning of the action, 
not waiting until after judgment has been rendered. 
This enables the health department, where they have 
reason to believe that the owner is likely to evade 
compliance, to file a lis pendens immediately upon the 
service of its first notice. 

Note 2: Care should be taken to see that the pro- 
visions of this section harmonize with the local prac- 
tice. 

§ 148. Registry of Owner's Name. Every owner of a 
dwelling and every lessee of the whole house or other per- 
son having control of a dwelling, shall file in the health de- 

276 



§ 149 REQUIREMENTS AND REMEDIES 

partment a notice containing his name and address and 
also a description of the property, by street number or 
otherwise as the case may be, in such manner as will en- 
able the said department easily to fmd the same. 

Note: This is an important section and is essential Explana- 
to a proper enforcement of sanitary laws. As the re- tion 
sponsibility for compliance rests in most cases upon the 
owner, it is of vital concern to the health department 
that the name and address of every person responsible 
for the maintenance of sanitary conditions in the city 
should be quickly ascertainable. Unless this informa- 
tion is kept on file in the health department much 
time and energy are wasted in a search for the names 
and addresses of owners. Years ago in one of our 
Eastern cities in order to meet this situation a law was 
passed requiring the posting of the owner's name and 
address in a conspicuous place inside of the entrance 
door of every tenement house, but this provision in 
practice did not work. It was difficult to enforce and 
subjected owners to a vast amount of solicitation 
from advertising agents and persons who wished to 
sell goods to them. It also opened up possibilities 
of blackmail in connection with the purchase of 
property. The law was subsequently repealed. The 
provision found in this code has been found to work 
admirabl)' in practice. No owner of property can 
with reason object to a requirement that he shall 
register his name and address with the public officials, 
especially with the health department. The health 
department should see that this section is strictly 
enforced. 

§ 149. Registry of Agent's Name. Every owner, agent 
or lessee of a dwelling may file in the health department a 
notice containing the name and address of an agent of 
such house, for the purpose of receiving service of process, 
and also a description of the property by street number or 
otherwise as the case may be, in such manner as will en- 
able the health department easily to find the same. The 
name of the owner or lessee may be filed as agent for this 
purpose. 

277 



A MODEL HOUSING LAW §§ I 50, 151 

Explana- Note: This is quite a different provision from the 

tion one in the preceding section, though it may seem very 

similar at first glance. Instead of imposing a duty 
upon the owner, this grants him a privilege and enables 
the owner of property for his own convenience to file 
in the health department the name of a person to 
whom he wishes all departmental notices to be sent. 

§ 150. Service of Notices and Orders. Every notice 
or order in relation to a dwelling shall be served FIVE days 
before the time for doing the thing in relation to which it 
shall have been issued; except that in cases of public 
emergency where the health of the community is involved, 
the health officer may require an earlier compliance. The 
posting of a copy of such notice or order in a conspicuous 
place in the dwelling, together with the mailing of a copy 
thereof on the -same day that it is posted, to each person, 
if any, whose name has been filed with the health depart- 
ment in accordance with the provisions of sections one 
hundred and forty-eight and one hundred and forty-nine 
of this act at his address as therewith filed, shall be suffi- 
cient service thereof. 

Explana- Note: This permits legal service by the posting of 

tion 2. copy of the notice in the dwelling itself in addition 

to mailing a copy to the person whose name is regis- 
tered in the health department, as required by Section 
148. It thus does away with the delay and expense 
that are usual in cases where personal service is re- 
quired. Tn view of the fact that legal service can be 
made in this way, an added incentive is afforded 
owners to register their names in the department, as 
otherwise they are likely to have no copy of orders 
served upon them except by chance seeing a copy that 
may be posted on the wall of the dwelling of which 
they are the owner. In such event they have no one 
to blame but themselves and the courts will hold 
them liable, as if they had been personally served. 

§151. Service of Summons. In any action brought by 
the health officer in relation to a dwelling for injunction, 
vacation of the premises or abatement of nuisance, or to 

278 



§§ 152, 153 REQUIREiMENTS AND REMEDIES 

establish a lien thereon, it shall be sufficient service of 
the summons to serve the same as notices and orders are 
served under the provisions of the last section; provided, 
that if the address of any agent whose name and address 
have been filed in accordance with the provisions of sec- 
tion one hundred and fort\-nine of this act is in the city in 
which the dwelling is situated, then a copy of the summons 
shall also be delivered at such address to a person of proper 
age, if upon reasonable application admittance can be ob- 
tained and such person found; and provided also, that" 
personal service of the summons upon the owner' of such 
dwelling shall be sufficient service thereof upon him. 

Note: This simpl\- provides that the modes of Explana- 
service authorized in the preceding section for notices ^Jq^ 
and orders shall also be legal for the service of sum- 
monses. Both provisions are based upon the assump- 
tion that owners of residence property are responsible 
for the maintenance of their property and that they 
must accept such responsibility when the\' purchase 
it and that the duty of living up to that responsibility 
is imposed primarily upon them and not upon the 
public officials. 

§ 1 52. Indexing Names. The names and addresses filed 
in accordance with sections one hundred and forty-eight 
and one hundred and fort\--nine shall be indexed by the 
health officer in such a m.anner that all of those filed in 
relation to each dwelling shall be together and readily as- 
certainable. Said indexes shall be public records, open to 
public inspection during business hours. 

§ 1 53. Enforcement.^ The provisions of this act shall 
be enforced in each cit\', town and village by the health 
officer,'- except that the inspector of buildings shall enforce 
sections fifty to sixty-two inclusive, also sections seventN- 
nine, eight\', eighty-two. eight\-four, one hundred and 
twent\-seven, one hundred and twent\-eight and one 
hundred and twent\'-nine. Where there is no inspector of 
buildings, such last-named sections shall be enforced b\- 

279 



A MODEL HOUSING LAW § 1 53 

the State fire marshal, unless the mayor or other chief 
executive officer of such city, town or village shall designate 
some other public official thereof for the enforcement of the 
said sections. 

Such supplementary ordinances as are authorized to be 
enacted under the authority of section seven of this act 
by the local legislative bodies of each city, town or village, 
shall be enforced by the health officer and the inspector 
of buildings on the same basis as above outlined. The in- 
spector of buildings shall enforce such provisions relative 
only to' fire prevention, fire-escapes, egress and the like. 
The health officer shall enforce all other provisions espe- 
cially those relative to light, ventilation, plumbing, sani- 
tation, occupancy, maintenance and the like. 

Each of said officers shall keep and preserve as to each 
building a complete record of all inspections, permits and 
orders issued pursuant to this act. An action may be 
brought and proceedings taken for the enforcement of 
this act by any taxpayer^ of the city, town or village. 

Explana- Note i : There will probably be great difference 

tion of opinion in reference to this section. The scheme 

outlined here with reference to the enforcement of 
the act contemplates its enforcement in its entirety 
(with the exception of those provisions which relate 
to means of egress and fire-escapes) by the health 
department. This is done deliberately. While very 
plausible reasons can be advanced for a division of 
responsibility between the health officer and inspector 
of buildings, or similar official, such division of re- 
sponsibility does not work' out advantageously in 
actual practice. It is claimed, for example, that the 
inspector of buildings, whose duty it is to see that 
all new structures and those altered are built in 
compliance with the law, should enforce those pro- 
visions of this act which deal with new structures or 
with alterations, and that the health department 
should confine itself to the securing of sanitary con- 
ditions in existing houses. From many points of 
view this is logical, but it is not desirable. It is quite 
true that the building officials concern themselves 
with new buildings and with nothing else, as a rule. 
280 



§ 153 REQUIREMENTS AND REMEDIES 

It is also true that the health officials concern them- 
selves with the maintenance of sanitary conditions in 
existing buildings and not with new buildings, but not- 
withstanding this fact it is necessary that the health 
officials of the community should enforce all of the 
provisions of a housing law except those which deal 
with fire-escapes and means of egress. Practically 
all the other provisions, excepting the provisions of 
Title 3 of Article II entitled Fire Protection, deal 
with sanitary conditions; that is, with making sure 
that adequate light and ventilation are secured, that 
rooms are large enough and properly arranged, and 
that sanitary condition-s of various kinds are main- 
tained. The health officials are the only persons who 
are really competent to determine these questions. 
There are, moreover, no practical difficulties in the way 
of this plan of enforcement, so far as this law is con- 
cerned, as the law does not concern itself with those 
technical phases of building construction which are 
usually found in building codes and which it might be 
difficult to have an ordinary sanitary inspector pass 
upon. A sanitary inspector, however, is quite as com- 
petent to measureacourt and determine whether it is 10 
feet wide or not as is a building inspector; he is quite 
as competent to measure a room and see if it con- 
tains 90 square feet and is 9 feet high as is a build- 
ing inspector; and so with the other provisions of the 
act which deal with new buildings. It is true that 
the provisions of Title 3 of Article II, dealing with 
Fire Protection, do more properly belong in the build- 
ing department, but as the health inspector has to 
inspect the building to see that the other require- 
ments are being complied with, it has seemed best 
to place the enforcement of all the provisions of the 
housing law in the hands of the health officials, with 
the one exception of fire-escapes and means of egress, 
thus making a clean-cut division between the duties 
of these two officials. Under this plan the inspector 
of buildings enforces the building code, the health 
officer enforces the housing law. The reasons which 
lead to these conclusions will be found fully set forth 
in Housing Reform.* 

Note 2: In some cities it may be more appropriate 
to place the responsibility for the enforcement of the 

* Housing Reform, pp. 123-129. 
281 



A MODEL HOUSING LAW 



!§i54. 155 



Explana- 
tion 



Explana- 
tion 



law upon the health ''department" rather than upon 
the health officer. As a rule the health officer is in 
most places the chief executive officer of the health 
department, but in some cities this is not the case 
and he occupies a more or less subordinate position. 
The matter should be adjusted to suit the local 
conditions. 

Note 3: The provision contained in the last 
sentence of this section, giving the right to a taxpayer 
to institute an action for the enforcement of the act, 
is a very valuable provision and will prove of great 
service where public officials are inclined to be lax 
or dilatory. 

§ 154. Powers Conferred. The powers conferred 
by this act upon the public officials mentioned in this act 
shall be in addition to the powers already conferred upon 
said officers, and shall not be construed as in any way 
limiting their powers except as provided in section seven. 

Note: This provision is necessary because in some 
cities it has been claimed that the powers conferred 
by an act of this kind are in lieu of powers which 
already exist and therefore take away some of the 
existing powers. This of course is undesirable. 

§155. Inspection of Dwellings. The health officer 
shall cause a periodic inspection^ to be made of every 
multiple-dwelling^ at least once a year. Such inspection 
shall include thorough examination of all parts of such 
multiple-dwelling and the premises connected therewith. 
The health officer is also hereby empowered to make 
similar inspections of all dwellings as frequently as may 
be necessary. 

Note i : This is a vitally important section. It 
makes mandatory periodic, systematic inspection of 
all multiple dwellings at least once a year. This is 
the only system of inspection worthy of the name. 
The ideal requirement would be to have such inspec- 
tion made every three months, but this is not feasible 
in most cities as the expense involved is too great. 
Once a year, however, is entirely practicable. For 
282 



§ 156 REQUIREMENTS AND REMEDIES 

further discussion of this subject see Housing Re- 
form.* 

Note 2: It should be noted that this requirement 
calHng for a mandatory inspection once a year is 
hmited to multiple dwellings although the health 
officer is empowered to make similar inspections of 
all dwellings as frequently as may be necessary. 
Some ingenious persons may claim that the inspec- 
tion by health officers of multiple dwellings is limited 
to once a year. Such claim should not be entertained 
for a moment, in view of the provisions contained 
in Sections 154 and 156 and also the further clear 
and distinct language employed in Section 155. in 
other words, the health officer must inspect every 
multiple dwelling at least once a year and may inspect 
it as often as he finds it necessary or desirable. 

§ 156. Right of Entry. ^ The health officer and all in- 
spectors, officers and employees of the health department, 
and such other persons^ as may be authorized by the 
health officer, may without fee or hindrance enter, examine 
and survey all premises, grounds, erections, structures, 
apartments, dwellings, buildings and every part thereof in 
the city. The owner or his agent or representative and the 
lessee and occupant^ of every dwelling and every person 
having the care and management thereof shall at all rea- 
sonable times when required by any of such officers or 
persons give them free access to such dwellings and prem- 
ises. The owner of a dwelling and his agents and em- 
plo\ees shall have right of access^ to such dwelling at 
reasonable times for the purpose of bringing about a com- 
pliance with the provisions of this act or an\' order issued 
thereflnder. 

Note i : Without this definite grant of power Explana- 
health officers have often found themselves estopped ^[^^ 
from carrying on their work. 

Note 2: It should be noted that the right to make 
inspections is not limited to the employees of the 
department, but is enjoyed also by "such other per- 
sons as may be authorized by the health officer." 

* Housing Reform, pp. 134-137. 
283 



A MODEL HOUSING LAW § I 57 

This will permit the inspector of a housing reform 
association to make inspections upon the authoriza- 
tion of the health officer. This is important, es- 
pecially in those communities where it is difficult 
to secure appropriations from the city treasury and 
where the health officer is unwilling to enter upon an 
active and comprehensive scheme of inspection work 
until its value and necessity have been demonstrated 
to him. Under this plan the private citizen can be 
given practically all of the powers of a city employee, 
so far as inspection is concerned. 

Note 3 : The second sentence of this section places 
personal responsibility upon every agent, lessee and 
occupant, so that any person interfering with the 
free right of entry of persons to whom it is granted 
would be liable for the penalties which accrue under 
this act. 

Note 4: The last sentence in this section is made 
necessary so as to enable the owner to comply with 
the orders of the health department. Otherwise he 
might claim, and justly, that the tenant has posses- 
sion of the premises and that he (the owner) has no 
right to go upon them and do what the health depart- 
ment has ordered to be done. The specific granting 
to the owner of this right makes impossible any such 
situation. 

§ 157. Injunction; Undertaking. No preliminary 
injunction shall be granted against/ the health department 
or its officers except by the circuit court or a justice 
thereof after service of at least THREE days' notice, 
together with copies of the papers upon which the motion 
for such injunction is to be made. Whenever such depart- 
ment shall seek any provisional remedy or shall prosecute 
an appeal it shall not be necessary before obtaining or 
prosecuting the same to give a bond.^ 

Explana- Note i: In view of the important powers which 

I^Jqjj the health department necessarily exercises for the 

preservation of the health of the community, it is 
obviously appropriate that a private individual, 
owner, or occupant should not be in a position to 
restrain the health department and prevent its carry- 
284 



§ 158 REQUIREMENTS AND REMEDIES 

ing out necessary work by any ex parte statement of 
facts to the court without the health department 
being represented. This provision makes that situa- 
tion impossible and insures the health department's 
receiving notice of any application for an injunction 
in which it is sought to restrain the department from * 

interfering with a building. This situation is likely 
to arise chieflv in connection with cases where the 
health department is seeking to stop the work on 
a new building because of violation of the law or 
to prevent the occupancy of a building for similar 
reasons or to require the vacation of a building where 
it is unfit for habitation. 

Note 2: It is obvious that the instances where the 
health department brings actions and takes appeals 
from decisions are not in the same category as private 
litigation, and there is no reason why a responsible 
agent of the city government should be required to 
give a bond under such circumstances. 

§ 158. Laws Repealed.^ All statutes of the state 
and all local ordinances or parts thereof so far as incon- 
sistent with the provisions of this act are hereby repealed. 
Wherever this act requires a greater width or size of yards 
or courts, or requires a lower height of building, or requires 
a greater percentage of lot to be left unoccupied, or imposes 
other higher standards than is required in any other 
statute or any local ordinance or regulation,^ the provi- 
sions of this act shall govern. Wherever the provisions of 
any other statute or local ordinance or regulation require 
a greater width or size of yards or courts, or require a 
lower height of building,'or require a greater percentage 
of lot to be left unoccupied, or impose other higher stand- 
ards than is required in this act, the provisions of such 
statute or local ordinance or regulation shall govern. 

Note i : Wherever there is in existence a law or Explana- 
local ordinance and it is desired to definitely repeal it, tion 
it should be specifically repealed in this section by 
inserting at the end thereof: "The provisions of 
chapter of the laws of are hereby 

repealed," as the courts have in recent years shown a 
285 



A MODEL HOUSING LAW § I 59 

disinclination to sustain what is known as the "gene- 
ral repealer." Where, however, there is no specific 
ordinance dealing with the subject matter of this 
housing act, or any similar state law, but where there 
are provisions scattered through building codes, 
sanitary codes, and plumbing codes, applicable not 
only to dwellings but to all kinds of buildings, as is 
the usual case, there is no way other than that em- 
bodied in this section of repealing such provisions. 

Note 2 : By this provision the community is always 
assured of the maintenance of the higher standards. 
Without it, there is great danger of the repeal of 
important provisions through the enactment of a local 
Building Code containing much lower standards. 
Without a provision of this kind, the later enactment 
would probably govern. The increasing number of 
Zoning Laws adds emphasis to the importance of this 
point; for, they as a rule, concern themselves with 
many of the same questions that are found in a Housing 
Law — viz., restriction of height, sizes of courts, yards, 
percentage of lot that may be occupied, and so forth. 

Note 3: This is not an attempt, as might appear, 
to prevent a future legislature from enacting laws in 
conflict with or directly repealing the provisions of 
this act. No such plan could of course succeed, as 
it would be unconstitutional. One legislature cannot 
bind a future legislature. All that is attempted here 
is to indicate the intent of the legislature and to pro- 
vide for a situation which may easily arise wherein 
the provisions of some future local charter aff"ecting 
the city in question, or similarly, of some local ordi- 
nance or regulation, may be in conflict with the pro- 
visions of this law. The effect of this section, there- 
fore, would be to show that the legislature intended 
that this law should govern. If this were not the 
intention of the legislature, so long as this provision 
of law is contained in this code, it would be necessary 
for the legislature to specifically repeal or modify it. 
In other words, this section would make impossible 
the repeal by implication of important provisions of 
this code because they might be in conflict with some 
future local statute or ordinance. 

§ 159. Validity.^ If any section or clause or part of 
this act shall be found invalid, the validity of the remainder 

286 



§ l6o REQUIREMENTS AND REMEDIES 

shall in no way be affected thereb)-. The act shall be 
liberall\' construed to promote its general objects for the 
health, safety and welfare of the community.^ 

Note i: in many states such a provision is un- Explana- 
necessary ; for, it has been for years the practice of the tion 
higher courts to so hold, in some states, however, 
this is not the case. It can do no harm in any state to 
include this provision. It will be "plaxing safe" to 
do so. 

Note 2: Caution should be given to be on one's 
guard against merely stating that "the act shall be 
construed liberally. " For such a provision is frequently 
seized upon by architects, builders, owners and lax 
public officials to justify them in interpreting and en- 
forcing the law " liberally" to the interests affected by 
it. The direct reverse of this is what is sought, viz., 
that the law shall be not construed narrowly, but 
so as to benefit the "health, safety and welfare of 
the community." 

§ 160. When to Take Effect. This act shall take 
effect immediately.^ 

Note i : The desirable thing is to have the act take Explana- 
effect immediately, but this cannot always be done tion 
as there will be numerous building operations in 
contemplation, for many of which contracts may have 
been made but for which plans had not up to the time 
of the passage of the act been filed and approved by 
the local authorities. One is here on the horns of a 
dilemma. If the act does not take effect promptly, 
builders and contractors who wish to secure the 
benefits of building under the more liberal provisions 
of existing law, will file plans in large quantities for 
most of the lots in the cit)', in order to anticipate the 
new law, and people will thus be permitted to build 
dwellings under the provisions of the old one for many 
years to come. If the law has had wide publicity 
before its enactment, there will be no real hardship 
in making the act take effect immediately, as archi- 
tects, owners and builders will have had ample notice 
of it in connection with the discussion arising during 
its passage through the legislature; but where such 
287 



A MODEL HOUSING LAW 



§ I 60 



free public discussion has not been had, it will hardly 
be practicable in many instances to make the act 
take effect immediately. These considerations apply, 
of course, only to those provisions of the act which 
deal with new buildings and not in any sense to any 
of the other, provisions of the act. Except with re- 
gard to new buildings, the act should take effect 
immediately in every case. If because of the reasons 
stated it seems wise to meet the views of owners, 
architects and builders, and permit the filing of a 
reasonable number of plans for the dwellings con- 
templated under the provisions of the old law, the 
following concession is suggested. At the end of 
this section strike out the period and insert a comma 
and add the following: 

Concession Concession: "except that Articles II and III thereof 

relative to 'Dwellings Hereafter Erected,' and to 'Altera- 
tions,' shall take effect thirty days^ after its signature by 
the governor. Dwellings may be hereafter erected or 
altered under the laws and ordinances in force and effect 
on the day this act was passed by the legislature, pro- 
vided the plans for such dwellings shall have been filed 
in the office of the inspector of buildings and shall have 
been approved in writing by him within thirty days after 
this act is signed by the governor; such plans shall be 
bona fide plans suited to the lots for which they are filed, 
shall show the interior arrangement and grouping of the 
rooms in the proposed dwelling, and the arrangement of 
yards and courts. The right to build under the said laws 
and ordinances shall cease and terminate in the case of 
any dwelling that has not progressed beyond the second 
tier of beams^ within one year from the said date." 

Explana- Note 2: Under this concession thirty days' time 

tion is allowed owners, builders, and architects to file 

plans under the old law; that is, thirty days after 
the governor has signed the act. In many states the 
governor is allowed a thirty-day period in which to 
sign bills; in some only ten. In the former case, 
owners and builders may thus be afforded two months' 
time in which to adjust themselves to the changed 
288 



I 



§ l60 REQUIREMENTS AND REMEDIES 

conditions. In an\' event they will be afforded nearly 
forty days' time, which should prove ample. 

Note 3: In order that the life of the plans thus 
filed may not be indefinitely extended, the require- 
ment is added that the building in question must 
have progressed beyond the second tier of beams 
within one year after the act takes effect. This will 
not be deemed an unreasonable provision, as after 
the plans are filed all bona fide operations should 
easily get that far within the time specified. 



19 289 



WHAT KINDS OF HOUSES CAN BE BUILT UNDER 
THE MODEL LAW? 



WHAT KINDS OF HOUSES CAN BE BUILT UNDER THE 

MODEL LAW? 

THE first question which will be asked in every community 
where a new housing law is proposed is "What effect will 
this law have on building operations?" Is it possible to 
build under the more rigorous requirements of such an act houses 
which will be commercially profitable and yet at the same time 
be the kind of house that the public demands? 

The first impression which interests adversely affected will 
seek to convey is that the law is impracticable and that it will stop 
building operations in that city, that the cost of building will be 
greatly increased thereby, and that people will not be able to 
afford the kind of house which the law calls for. 

Great emphasis will undoubtedly be laid upon the fact that 
the requirements of the law are so much more stringent as to the 
open spaces that have to be left and the restrictions placed upon 
the percentage of lot that may be occupied, the larger yards re- 
quired and the more ample courts, that it will not be possible to 
construct under such a law buildings which will be commercially 
profitable. 

It is vitally important, therefore, that the housing reformer 
should know at once whether these claims are sound or not. He 
must be in a position to show to the community that they have no 
basis in fact and that it will be possible to build under the require- 
ments of the new law houses of all kinds which will be commercially 
profitable and at the same time will not involve any material in- 
crease in rents or in cost of construction. 

Is it possible to show this, and how best can this be demon- 
strated? 

The most practicable way to demonstrate it is to draw plans 
showing the various kinds of buildings that can be built on different 

293 



A MODEL HOUSING LAW 

sized lots. It should be borne in mind that this should be dem- 
onstrated with regard to two main groups of houses, (i) the de- 
tached house and (2) houses built in continuous rows or groups. 

The conditions which relate to the two classes are naturally 
very diflFerent and the types of plans that can be evolved will differ 
similarly. 

Under each one of these classes it is necessary to consider 
also what is possible in the way of development in each kind of 
building; namely, the private dwelling, the two-family house, and 
the multiple dwelling; that is, the tenement house, the flat and the 
apartment house. It is also necessary to know what developments 
are possible in all these classes of buildings, of both groups, on lots 
of different width; namely, on lots 40 feet wide, and on lots 50 
feet wide, as well as on lots 25 feet or less in width. We should 
also know what is possible on lots of varying depth. What may 
be possible on a lot 1 50 feet deep may not be practicable on a lot 
but 60 feet in depth,. so one should be in a position to show what can 
be done on property 60 feet, 100 feet and even 150 and 200 feet 
deep. 

The author has attempted to meet all these questions and to 
show in the form of outline plans illustrating the style of house and 
its "disposition'' on the lot, the various things that can be done 
in all of these various circumstances. It should be clearly borne 
in mind that the plans thus outlined in no sense represent the only 
disposition that can be had, but merely one method of treatment. 
There are many other alternatives. 

No attempt has been made to show the interior arrangement 
of the rooms in the house. With a building of a certain width and 
length it is easy for any architect, or in fact for those who are not 
architects, to adapt the customary plan in each community to 
such an outline. 

Take, for example, Figure 48 showing a detached house on 
a lot 40 feet wide and 100 feet deep. Under the requirements 
of this law this house can be, built in the centre of the plot and can 
be 30 feet wide by 80 feet deep, with a side yard 5 feet wide on 
each side of it. It is obvious at a glance that it is possible for the 
architect to get in a building of such size any disposition or ar- 
rangement of the interior that may be desired either for a million- 

294 



HOUSES BUILT UNDER MODEL LAW 

aire's mansion, a two-famil\' house, the humble cottage of the 
workingman, a cheap tenement with several families on a floor, 
or a high-grade apartment house. 

As an aid to a quick understanding of the various provisions 
which control the type of house that may be built, the following 
summary table showing the different points that must be observed 
is submitted, as this matter must be considered in connection with 
the provisions with reference to percentage of lot occupied; size 
of rear yards, size of side yards, size of courts, and distance be- 
tween buildings where there is more than one building on a lot. 
All of these requirements except those relating to percentage of 
lot vary with the height of the building, and two of them, namely, 
the sizes of rear yards and the percentage of lot requirements, 
vary also according to the depth of the lot. 



SIDE Y./^RDS AND COURTS 









S 


IDE Yard Widths 


Courts 




Private 


2 Familv & 








Height of Building 


Dwelling 


Multiple Dws. 




Inner 


Outer 










Width 


Mini- 


Maxi- 












mum 


mum 




On Own 


Bet. 


On Own 


Bet. 




Length 


Length 




Lot 


Bldgs. 


Lot 


Bldgs. 








I story (10 ft.) . 


3 ft. 


6 ft. 


4 ft. 


8 ft. 


3'i ft. 


6^3 ft. 


13H it. 


iH story (20 ft.) 






4 ft. 


8 ft. 


5 ft. 


10 ft. 


6K ft. 


13K ft. 


26K ft. 


2 story (20 ft.) . 






4 ft. 


8 ft. 


5 ft. 


10 ft. 


6K ft. 


13M ft. 


26M ft. 


2} 2 story (30 ft.) 






5 ft. 


10 ft. 


6 ft. 


12 ft. 


10 ft. 


20 ft. 


40 ft. 


3 story (30 ft.) . 






5 ft. 


10 ft. 


6 ft. 


12 ft. 


10 ft. 


20 ft. 


40 ft. 


4 story (40 ft.) 






6 ft. 


12 ft. 


7 ft. 


14 ft. 


13 M ft. 


26>i ft. 


53H ft. 


5 story (50 ft.) . 






7 ft. 


14 ft. 


8 ft. 


16 ft. 


16I3' ft. 


33 K ft. 


66^^ ft. 


6 story (60 ft.) etc. 






8 ft. 


16 ft. 


9 ft. 


18 It. 


20 ft. 


40 ft. 


80 ft. 



REAR 


YARDS 


(MEASURED TO 


MIDDLE OF ALLEY) 




Height of.Blilding 


Depth of Lots (Interior Lots) 


40 ft. 


50 ft. 


60 ft. 


100 ft. 


125 ft. 


150 ft. 


200 ft. 


250 ft. 


1 story io7o . 

2 story 15% . 
J slory 20% . 

4 story 25% . 

5 story 30% . 

6 story 35% etc. . 


10 ft. tnin. 
10 ft. mill. 
10 ft. min. 
10 ft. 
12 ft. 
14 ft. 


10 ft. min. 
10 ft. min. 
10 ft. 

12>i ft. 
15 ft.^ 
I7>i ft. 


10 ft. min. 
10 ft. min. 
12 ft. 
15 ft. 
18 ft. 
21 ft. 


10 ft. 
15 ft. 
20 ft. 
25 ft. 
30 ft. 
35 ft. 


1 2 Hit. 
i8Kft. 
25 ft. 
31 A it. 
STA ft. 

43 H ft. 


15 ft.^ 

22 >. ft. 
30 ft. 

37'. ft. 
45 ft. 
5 2.'^ ft. 


20 ft. 
30 ft. 
40 ft. 
50 ft. 
60 ft. 
70 ft. 


25 ft. 

37,'. ft. 
50 ft. 
62li ft. 
75 ft. 
87|i ft. 



295 



A MODEL HOUSING LAW 

Percentage of Lot — Interior Lots 

Depth of Lot Percentage of Lot 

Up to 60 ft 70% 

60-105 ft 65% 

•05-155 ft 55% 

155-205 ft 50% 

Over 205 ft. 40% 

Let us consider first the detached type of house. In many 
cities the general custom is to place such a building in the centre 
of the plot and leave a side yard on each side of it. The builder 
of the neighboring house, as a rule, adopts a similar practice so 
that each person has the advantage of the spaces thus joined to- 
gether, making the distance between the houses twice as much 
as, it would ordinarily otherwise be. Figures 47-53 (pages 307- 
313) show the various methods of treatment possible in the 
case of private dwellings not exceeding two stories and attic in 
height. For such buildings under the provisions of this law a side 
yard not less than 5 feet in width would have to be left on either 
side of the building. With a lot 40 feet wide and a side yard 5 feet 
wide on each side of it, it is possible to build the house 30 feet in 
width. This gives an ample house for all kinds of buildings. It 
is sufficiently wide for the mansion of the well-to-do citizen, it is 
sufficiently wide for a two-family dwelling, one family upstairs and 
one down, and it is sufficiently wide for a high-class apartment 
house or a cheap tenement, though of course a larger lot, espe- 
cially one 50 feet in width, will afford a much better treatment and 
prove more satisfactory. In laying out property divisions in new 
portions of a city it would be far better to make the lot units 50 feet 
in width, especially in high-class residence districts, but lots 40 feet 
in width will give very satisfactory results. 

No attempt has been made to show the treatment possible 
on lots 50 feet in width, as it is at once obvious that all the things 
that are possible on the 40-foot lot are possible in this case as well, 
only the owner has 10 extra feet in width to dispose of which he 
can use either in making his building 40 feet wide instead of 30 
feet, or can enlarge his side yards, as he pleases. So far as the 
law is concerned, the conditions which govern would make no 
change in the disposition of a lot of this greater width. The plans, 

296 



HOUSES BUILT UNDER MODEL LAW 

therefore, which are submitted for the 40-foot lot should be deemed 
to apply equally to the 50-foot lot. 

Seven different treatments are offered for consideration. It 
is shown first (Figure 47) what is possible on a lot of very narrow 
depth, say even not more than 60 feet in depth. There are such 
lots in many cities, " tail-enders" as they are called. Even with 
this small plot it is possible to build an excellent type of house; 
namely, a house 30 feet by 48 feet, built up to the line in front, 
with a side yard on either side and with a rear yard 1 2 feet in depth, 
the minimum required by the law. A building 30 feet by 48 feet 
will give a very attractive house in the case of both a private dwell- 
ing and a two-family house and it will be even possible to build a 
satisfactory tenement house on this plot. 

When we take the ordinary type of lot which prevails in most 
cities, the lot 100 feet in depth, it is at once seen how easy it is to 
develop such property advantageously. Here two alternatives 
are presented. In the first case (Figure 48) but one building is 
shown on the plot. Under this disposition it would be possible 
to build a house 30 feet wide and 80 feet deep with a back yard 20 
feet in depth, the minimum required by law, and with a side yard 
on each side of the house 5 feet in width. Few people would wish 
to build a private dwelling 80 feet deep. There would also be 
few cases where it would be desired to build even a two-family 
dwelling that depth, though it might be advantageous in building 
an apartment house or tenement house to utilize this larger space. 
The disposition which would be had most generally would be that 
shown in Figure 49, where a garage is placed on the rear of the 
lot. Here, as will be seen, it is possible to have the house 30 feet 
by 55 feet, to have a rear yard 20 feet in depth or have the house 
65 feet and a lo-foot yard between it and the garage, the minimum 
required by the law, and then at the rear a garage 25 feet by 30 
feet, leaving a space of 10 feet on one side of the garage, at the 
rear, for a driveway if that is desired. 

An alternative to this plan not shown in any of the diagrams 
would be in cases where no garage is desired and where a front yard 
is desired, to set back the house, leaving a front yard 25 feet in 
depth and the full width of the plot. Under this arrangement we 
should have a house as in Figure 49, 30 by 55 feet, a front yard 25 

297 



A MODEL HOUSING LAW 

by 40 feet, a rear yard 20 by 40 feet and two side yards each 5 feet 
in width and extending along the entire depth of the house. This 
would give a very desirable house both in the case of a private 
dwelling and a two-family dwelling. 

When we come to lots of greater depth, namely, the lot 150 
feet deep, it is at once obvious that even more advantageous treat- 
ment from the point of view of the use of the property is afforded. 
Figure 50 shows that with such a lot it is possible to build a house 
30 feet by 85 feet in depth, to have a garage at the rear 25 feet by 
30 feet in size and to have a 40-foot yard between them. Or in- 
stead of this, the depth of the house can be cut down if it is desired 
to have a front yard and the building set back from the street 25 
feet or whatever amount is desired (as shown in Figure 51) and 
the house reduced to 60 feet in depth, which would be a deeper 
house than would naturally be desired either for a private dwelling 
or two-family house. 

Similarly with regard to lots 200 feet deep. Figure 52 
shows that with such a lot we could build our house 30 feet by 108 
feet, have a garage at the rear, and leave a 67-foot yard between 
the two, a yard 27 feet more than the law would require. Or in- 
stead of this, a front yard could be left in front, say 30 feet in 
depth, the house be made 30 feet by 95 feet, the garage 25 feet 
by 30 feet, with a yard 50 feet deep between the house and garage 
(Figure 53). 

It is evident from a study of these plans that there is not the 
slightest difficulty from any point of view, under the provisions of 
the Model Law, in developing a plot 40 feet in width with a de- 
tached house which will be commercially profitable and at the 
same time in accordance with the desires of the people who are to 
live in it and with the habits of the community. 

This is true so far as the two-story and attic building is con- 
cerned and applies to all classes of buildings, the private dwelling, 
the two-family dwelling, and to the multiple dwelling; namely, 
the tenement house, the flat and the apartment house. 

But, it may be asked, although this can be done with a 
building two stories and attic in height, is it feasible with the three- 
story and attic building, the type which is more common in many 
of our cities? The answer is unquestionably, Yes. The following 

298 



HOUSES BUILT UNDER MODEL LAW 

seven diagrams (Figures 54-60) show that even in this case it is 
easily practicable to build every class of house desired on a lot unit 
of 40 feet in width, on lots of varying depth, namely, 60 feet, 100 
feet, 1 50 feet, and 200 feet, and have the buildings three stories 
and attic in height. The types of houses that can be built are 
practically identical with the houses that are possible in the plans 
which have been presented in the case of the two-story and 
attic house (Figures 47-53). The only difference is that in this 
case the side yards must be 6 feet wide instead of 5 feet wide. 
This means that the house can be but 28 feet in width instead of 
30 feet. This is not at all too narrow to give satisfactory results 
even in the case of a private dwelling or two-famil\' house or even 
a multiple dwelling. 

Taking up these plans in detail and commenting briefly on 
them we find the following possibilities for the three-story and 
attic house on the 40-foot lot. 

On a 60-foot lot we may have a house 28 feet by 45 feet with 
a back yard 15 feet deep (Figure 54); on a lot 100 feet deep we 
may have a house 28 feet by 75 feet with a back yard 25 feet in 
depth, the minimum (Figure 55); or if we do not desire a house 
as deep as this, as this is deeper than would be generally desired 
in the case of private dwellings and two-family houses at all events, 
it would be possible to have a garage at the rear of the lot 25 feet 
by 30 feet and to have our house 28 feet by 50 feet, with a 25-foot 
yard between them, the minimum depth (Figure 56); or if no 
garage is desired and it is wished to set back the house from the 
building line and have a front yard, it would be possible to have a 
front yard 25 feet by 40 feet, a house 28 feet by 50 feet, and a back 
yard of 25 feet. (Under the provisions of Section 30 only 10 
feet would have to be left between the house and the garage). On 
lots 1 50 feet deep it is possible to have a house 28 feet by 85 feet, 
with a garage 25 feet b\' 30 feet at the rear and a 40-foot yard 
between the two, slightl\' more than the minimum (Figure 57). 
(Under the provisions of Section 30 only 10 feet would have to 
be left between the house and the garage). Or if a house of this 
great depth is not desired, it is possible to set back the house from 
the building line 25 feet, have a front \ard of that depth, a build- 
ing 28 feet b\' 60 feet, a garage at the rear 25 feet bv 30 feet, and 

299 



A MODEL HOUSING LAW 

a 40-foot yard between the two buildings (Figure 58). (Under the 
provisions of Section 30 only 10 feet would have to be left 
between the house and the garage). With a lot 200 feet in depth 
we may obtain a house 28 feet by 1 16 feet, a garage at the rear 
25 feet by 30 feet, with a 59-foot yard between the two, 9 feet more 
than the minimum (Figure 59). (Under the provisions of Section 
30 only 10 feet would have to be left between the house and 
the garage). There is probably no instance where anyone would 
desire a house of this excessive depth, not even in the case of 
apartment houses or tenement houses, and the more usual treat- 
ment would be to have a large front yard instead of extending the 
building back so far upon the lot. Under such a treatment we 
could have a front yard 30 feet by 40 feet, a house 28 feet by 95 feet, 
a garage at the rear 25 feet by 30 feet, and a rear yard between the 
two of 50 feet, the minimum (Figure 60). (Under the provisions 
of Section 30 only 10 feet would have to be left between the house 
and the garage) . 

It is obvious from a consideration of these plans that in the 
case of the three-story and attic detached house on a 40-foot lot, 
no matter what the depth of the lot may be, there is not the 
slightest difficulty in building a house that will be a commercial 
success and the kind of house that the people want. 

If these results affording the most generous use of space 
from the point of view of the builder and owner are feasible on lots 
40 feet in width, it is obvious at once that with a larger lot unit, 
that is, 50 feet or more, it will be possible to obtain even more 
satisfactory results. No attempt has been made to show what 
would be possible with houses that are intended to be four 
stories in height. A four-story private dwelling is seldom built 
and should be discouraged. A four-story two-family dwelling is 
unknown. When it comes to apartment houses and tenement 
houses the four-story house will appear more frequently. The 
same method of treatment is possible with the four-story house, 
except that the side yards would have to be 7 feet wide instead of 
6 feet and the yards would have to be of a greater depth, depending 
upon the depth of the lot as well as upon the height of the building. 

What has been said shows conclusively that the law will 
work in practice on lots 40 feet or more in width, but it may be 

300 



HOUSES BUILT UNDER MODEL LAW 

asked " What is to be done with the small lot — lots but 30 or 25 
feet wide?" Is it possible to build houses on such lots that will 
be commercially successful and yet will comply with the law? 

Here the answer is not so easy. It must be frankly ad- 
mitted that it is not possible on a 25-foot lot to place a detached 
house in the centre of the plot and leave an adequate side yard on 
each side of it. In the case of a two-story building each side yard 
would have to be 4 feet wide. This would leave but 17 feet for the 
house, which would not be wide enough, except in the case of 
workingmen's houses of a particular type. 

Similarly with three-story buildings, each side yard would 
have to be 5 feet wide, leaving but 1 5 feet for the building. One 
could not build a building 1 5 feet wide that would be practicable, 
though it is true there are hundreds of thousands of buildings in 
the city of Philadelphia which do not exceed 15 feet in width. 

We must however at once dismiss as impracticable the idea 
of building houses 15 and 17 feet wide. The people of most cities 
would so consider it. 

Does this mean, therefore, that it will not be possible to 
build on such a plot a. house that will be commercially profitable 
and at the same time meet the desires of the people? 

There is no doubt that a house of this kind can be built, 
but it will involve some changes in the habits of the people in a 
number of cities. In many cities it is the habit to build the houses 
in the middle of the lot, devoting the space that is left on either 
side to use as a side yard. In some cities this is not the custom 
but instead the custom is to build one side of the house up to the 
lot line and to leave the space that is left for side yards entirely on 
the other side. Where this is done and houses are built on this 
plan under a tacit agreement by the adjacent property owners, 
often very excellent results are obtained. 

This is the only type of detached dwelling that is possible on 
a lot 25 feet wide; namely, a single side yard on one side of the 
building and the house built up to the lot line on the other side. 
This would give on a 25-foot lot, in the case of two-story houses, 
a house 21 feet wide, and in the case of three-story and attic build- 
ings a house 20 feet wide with a side yard 4 feet wide in the first 
case and a side yard 5 feet wide in the second. Figures 61-67 

301 



A MODEL HOUSING LAW 

show the kinds of houses that would be possible in the case of 
a three-story and attic building on lots of various depths; namely, 
60, 100, 150, and 200 feet deep. In each case a side yard 6 feet 
wide is left on one side of the building and the other side of the 
plot is built up to the lot line, giving in every instance houses 19 
feet in width. This will make a very good house. There will be 
no practical difficulties so far as the law is concerned in securing 
adequate light and ventilation for the various rooms. In most 
cases the majority of the rooms will front on the street and yard. 
The other rooms will face on the side yard and the "dead end" of 
the house will be used for the hallway. It does not mean neces- 
sarily that this hallway will be dark, as it will be possible to open 
supplementary windows in the dead wall where the owner of the 
adjoining property leaves a side yard on that side following a 
general plan, though it would not be lawful to have any rooms get 
their sole light and ventilation from the adjoining property. 

Commenting briefly on the plans we note the following 
possibilities: 

On a lot 60 feet deep we can get a house 19 feet by 45 feet 
with a 15-foot rear yard (Figure 61); on a 100-foot lot we would 
get a house 19 feet by 75 feet with a 25-foot yard (Figure 62); 
or a garage at the rear 20 feet by 25 feet, a house 19 feet by 52 
feet and a 28-foot yard between them, 3 feet more than the mini- 
mum (Figure 63). (Even as little as 10 feet could be left between 
the garage and the building under Section 30). In the case of lots 
150 feet deep it would be possible to have a house. 19 feet by 
76 feet, with a garage at the rear 25 feet by 25 feet, and a rear 
yard between the two 49 feet in depth, 12 feet more than the 
minimum (Figure 64). (Even as little as 10 feet could be left be- 
tween the garage and the building under Section 30). Or if it is 
desired to have a front yard on such a lot we could have a front 
yard 25 feet by 25 feet, a house 19 feet by 60 feet, a garage at the 
rear 25 feet by 25 feet and a 40-foot yard between them (Figure 65). 
(Even as little as 10 feet could be left between the garage and the 
building under Section 30). In the case of lots 200 feet in depth 
we could build the house 19 feet by 98 feet, have a garage at the 
rear 25 feet by 25 feet and leave a yard of 77 feet between the two, 
27 feet more than the minimum (Figure 66). (Even as little as 

302 



HOUSES BUILT UNDER MODEL LAW 

lo feet could be left between the garage and the building under 
Section 30). Or if instead it was desired to have a front yard, we 
could have a front yard 30 feet by 25 feet, a -house 19 feet by 95 
feet, a garage at the rear 25 feet b>' 25 feet and a 50-foot yard 
between the two (Figure 67). (Even as little as 10 feet could be 
left between the garage and the building under Section 30). 

When it comes to lots less than 25 feet in width it is clearly 
impracticable to build a detached house on such a lot, and the only 
thing to do there is to build houses in rows or groups; that is, to 
build them right up to the line on either side. This is so, irre- 
spective of the provisions of this law. It would be most unwise 
to build a detached house on such a lot, as it would be impossible 
to get an adequate open space on either side of it that would fur- 
nish sufficient light and which would not be simply a narrow, dark 
pocket, unsightly and a gathering place for waste material. 

In many cases a more advantageous treatment even on the 
25-foot lot would be had by this method than could be had with 
the detached house. In other words, it will be found advantageous 
to utilize the full frontage of the lot and to build the front at least 
up to the lot line on either side. This is, of course, the prevailing 
method of building in the case of apartment houses, flats, and 
tenements in those portions of a city where land values are 
high and where street frontage is valuable. It would also be the 
most advantageous method to employ in the case of two-family 
houses and even private dwellings in many parts of large cities. 
In man\' cities, except on the outskirts, it is often not feasible from 
the commercial point of view to build workingmen's houses or 
houses for people of moderate means on any other basis. To 
utilize all of the lot front and build houses in groups is the only 
feasible wa\-. 

What kind of houses, it may be asked, can be built on 25- 
foot lots where houses are built in this way without any side yards? 
Figures 68-74 show what is possible under these circumstances. 

The type of house that is there shown is suitable for all 
classes of dwellings, for the private house, the two-family house and 
the apartment house. Here especially it should be noted that 
various kinds of treatment other than those presented are possible. 
The plans simply show the "dispositions" which have suggested 

303 



A MODEL HOUSING LAW 

themselves to the author as feasible and as giving kinds of build- 
ings which would be attractive to live in and commercially suc- 
cessful. 

Looking at these plans and commenting briefly upon them 
we note the following: 

On a 6o-foot lot it would be possible to build a house 25 feet 
by 42 feet, leaving a yard of 18 feet at the rear. Such a house, 
however, could not exceed two rooms in depth, as the room.s 
would have to open either on the street or on the yard. It would 
probably not be advantageous, therefore, to build the house as deep 
as this, but to build it not more than 40 feet deep, leaving a 20-foot 
yard. But it would be lawful to build as deep as 42 feet if a plan 
could be developed that the owner would find it advantageous to 
use (Figure 68). 

On a loo-foot lot it would be possible to build a house 25 
feet wide by 68 feet deep with an inner lot line court on one side 
10 feet by 20 feet and a back yard 32 feet in depth at the rear of the 
building, 7 feet better than the minimum. This would give a very 
excellent layout in the case of either a two-family house or a mul- 
tiple dwelling, as each section of the building between the street 
and the court, and between the yard and the court, would be about 
24 feet in depth, thus permitting the section to be built two rooms 
deep. Under such an arrangement it would be very easy to get 
six or seven rooms and bath on each floor after making the neces- 
sary allowance for hallways and similar spaces (Figure 69) ; or if 
a different treatment were desired and it was felt essential to have 
a garage at the rear, we might have the following: a house 25 feet 
by 52 feet with an outer court on one side 10 feet wide by 30 feet 
long, a rear yard of 28 feet the full width of the lot, and a garage 
at the rear 20 feet by 25 feet (Figure 70). This would permit an 
interior arrangement of the house by which five or six rooms and 
bath could be obtained for each fioor, though of course a more 
advantageous arrangement would be secured by the previous lay- 
out. 

In the case of a lot 150 feet deep it would be possible to get 
a house 25 feet wide by 78 feet deep, with a garage at the rear 20 
feet by 25 feet and a yard between the two 52 feet in depth, 22 
feet more than the minimum (Figure 71). (Even as little as 10 

304 



HOUSES BUILT UNDER MODEL LAW 

feet could be left between the garage and the building under Sec- 
tion 30). This treatment would involve in the layout an inner 
court on each side 10 feet b\' 20 feet with a hallway between the 
two courts. It would be thus possible to obtain in the front sec- 
tion of the building four rooms each 12 feet by 14 feet in size and 
similar treatment in the rear section, making 8 rooms per floor. 
This would make an excellent arrangement either in the case of a 
two-family dwelling or an apartment house. 

if instead of this plan it were desired to have a front yard, 
it would be possible to arrange the building on the lot so as to 
leave a front yard of 20 feet in depth, have the building 70 feet in 
depth, a garage at the rear 20 feet by 25 feet, and a rear yard of 
40 feet between the two, 10 feet more than the minimum (Figure 
72). (Even as little as 10 feet could be left between the garage 
and the building under Section 30). This would involve the use of 
a side inner court 10 feet wide by 20 feet long. Under this plan it' 
would be possible to get eight or more rooms per floor with the 
hall running along the dead end of the building. 

With a lot 200 feet deep a building 25 feet by 95 feet could 
be obtained, with a garage at the rear 25 feet by 25 feet and a 
rear \ard between the two buildings of 80 feet, 40 feet more than 
the minimum (Figure 73). (Even as little as 10 feet could be left 
between the garage and the building under Section 30). This 
would involve the use of two inner side courts, each 10 feet wide 
and 25 feet long, with the hallway of the building located between 
the two courts; making a treatment by which in the front section 
of the building it would be possible to obtain four rooms each 
1 2 feet by 1 7 feet in size and a similar arrangement at the rear, thus 
making eight rooms per floor; or if it was desired to utilize a front 
yard and set the building back, it would be possible to have a 
front \ard of 30 feet by 25 feet, with the building necessarily the 
same as before; namely, 25 feet by 95 feet, with eight rooms per 
floor, a garage at the rear 25 feet by 25 feet, and a rear yard of 
50 feet between them, 10 feet more than the minimum (Figure 74). 
(Even as little as 10 feet could be left between the garage and the 
building under Section 30). 

It is obvious from a study of these plans that even on lots 
of this narrow width of 25 feet it is possible, in the case of houses 
20 305 



A MODEL HOUSING LAW 

built in continuous rows, both private houses, two-family houses, 
and multiple dwellings, to build houses that would be unques- 
tionably profitable from a commercial point of view and would 
give an advantageous arrangement of the rooms both from the 
point of view of light and ventilation and also of convenience of 
arrangement, as well as from the points of view of comfort and 
what people are accustomed to. It probably will mean, however, 
that the stereotyped kinds of buildings which are in existence in 
many cities will have to be changed somewhat and there will there- 
fore at once be opposition. The builder who is building from a 
plan that he bought from an architect ten years ago will object 
to going to an architect now to have a new plan made. He will 
be wedded to the kind of house that he has been building and will 
object to any change. Similarly, the architect may be slow to see 
the opportunities that exist and may not have sufficient inventive 
faculty to lay out types of plans that will produce the best results, 
but such change is involved in any law which makes for progress. 
If the present types of houses were satisfactory no change in the 
law would be necessary. 

When it comes to building houses in continuous rows on lots 
of a greater width than 25 feet of course more advantageous treat- 
ment can be obtained. 

To sum up: On lots 40 feet or over in width detached houses 
on any depth of lot can be built under this law which will be 
commercially profitable, private dwellings, two-family dwellings, 
and multiple dwellings of all kinds. 

On lots of less than 40 feet in width the detached house is 
not so advantageous, though it is still possible on lots as narrow 
as 25 feet in width. On anything less than this, however, the de- 
tached house is impracticable, and houses built in rows or groups 
are the only thing to consider. 



306 



Figure 47 
Two-Story and Attic 




Aarx- 
Street 



Detached Houses on 40 ft. Lots 

Lot 60 ft. deep 

Occupies 60 per cent of lot 

Legal maximum 70 per cent of lot 



307 



Figure 48 
Two-Story and Attic 



20 FT YARD 
(MIN) 




Y/ Hou'skZ' 




IL 

o 

O 



Ao fj 



Detached Houses on 40 ft. Lots 

Lot 100 ft. deep 

Occupies 60 per cent of lot 

Legal maximum 60 per cent of lot 



308 



Figure 49 
Two-Story and Attic 




Detached Houses on 40 ft. Lots 

Lot 100 ft. deep 

Occupies 60 per cent of lot 

Legal maximum 60 per cent of lot 

Alternative to Figure 48 with garage 



309 



Figure 50 
Two-Story and Attic 



fc^ii 



/ 



<^FFx30Fj:/ 




2^ 







^OFTYARD 
'SOFFMIN.) 




h- 4oFr -H 



Detached Houses on 40 ft. Lots 

Lot 150 ft. deep 

Occupies 55 per cent of lot 

Legal maximum 55 per cent of lot 

310 



Figure 51 
Two-Story and Attic 







4o FT Yard 
(soptain) 




FR.ONT Yard 

25Frx AOFT 






k 



h^ 40FT- -H 



Detached Houses on 40 ft. Lots 

Lot 1 50 ft. deep 

Occupies 55 per cent of lot 

Legal maximum 55 per cent of lot 

Alternative to Figure 50 with front set-back 

3n 



Figure 52 
Two-Story and Attic 



T 




67ft Yard 

(40PT. AVIN;) 




k- 40 n 



Detached Houses on 40 ft. Lots 

Lot 200 ft. deep 

Occupies 50 per cent of lot 

Legal maximum 50 per cent of lot 

312 



Figure 53 
Two-Story and Attic 




8 



i 



50 FT YARD 
(40FTAA»N.) 




FRONT YARD 
40FT X 30 Ff 



40FT 



Detached Houses on 40 ft. Lots 

Lot 200 ft. deep 

Occupies 45 per cent of lot 

Legal maximum 50 per cent of lot 

Alternative to Figure 52 with front set-back 



Figure 54 
Three-Story and Attic 



)5 FT. YARD 




K 40FV --^ 



Detached Houses on 40 ft. Lots 

Lot 60 ft. deep 

Occupies 523^ per cent of lot 

Legal maximum 70 per cent of lot 



314 



Figure 55 
Three-Story and Attic 



-25 f\ YARD 

(min) 




^8 Fr><7SF 




T 



o 





40 rp 



Detached Houses on 40 ft. Lots 

Lot 100 ft. deep 

Occupies 52>^ per cent of lot 

Legal maximum 60 per cent of lot 



315 



Figure 56 
Three-Story and Attic 




Z5 rx YARD 

(min.) 




^6fT<50n 



T 



u. 
O 





AOFT -M 



Detached Houses on 40 ft. Lots 

Lot 100 ft. deep 

Occupies 54 per cent of lot 

Legal maximum 60 per cent of lot 

Alternative to Figure 55 with garage 



316 



Figure 57 
Three-Story and Attic 



V. 




/, 



(^ACA^E/;^ 






40 rr YARD 
(37FP« IN- MIN) 




/2BfT^85fj:: 




T 



40 Ff 



O 



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Detached Houses on 40 ft. Lots 

Lot 130 ft. deep 

Occupies 50 per cent of lot 

Legal maximum 55 per cent of lot 



Figure 58 
Three-Story and Attic 



Vy 




Oaraqe'/ 
„25rrv3opr 



40FrVARD 
(37fT-6IN MIN) 




V • ^ 
^ HOUSE /; 

28 Ff vrCOPr 




FRONT YAR.D 
25PT:vr40FT 



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O 



W- AofX -^ 



Detached Houses on 40 ft. Lots 

Lot I 50 ft. deep 

Occupies 40 per cent of lot 

Legal maximum 55 per cent of lot 

Alternative to Figure 57 with front set-back 

3,8 



Figure 59 
Three-Story and Attic 



yz5r[y.30Yj 



59 ry YARD 
(50 FT Min) 




I 



i 



Detached Houses on 40 ft. Lots 

Lot 200 ft. deep 

Occupies 50 per cent of lot 

Legal maximum 50 per cent of lot 



Figure 6o 
Three-Story and Attic 



Ymm 

. Garage v; 
^e5rT^3on; 



^O FT YARD 

(m'in) 




FRONfYARO 
40Fr><30Pf 



T 



40 pr 



Detached Houses on 40 ft. Lots 

Lot 200 ft. deep 

Occupies ^2]/2 per cent of lot 

Legal maximum 50 per cent of lot 

Alternative to Figure 59 with front set-back 

320 



Figure 6i 
Three-Story and Attic 



15 Fr YARD 

(minJ 




h-25Fr -H 



Detached Houses on 25 ft. Lots 

Lot 60 ft. deep 

Occupies 57 per cent of lot 

Legal maximum 70 per cent of lot 



21 



321 



Figure 62 
Three-Story and Attic 



?5fTYARD 

(min.) 




K- zsn 



Detached Houses on 25 ft. Lots 

Lot 100 ft. deep 

Occupies 57 per cent of lot 

Legal maximum 60 per cent of lot 



322 





Figure 63 
Three-Story and Attic 




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. (^ARAC^E < 


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ZeFFYARD 






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HOUSED 








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Wi 








Q> 


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FT 


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h^25FT-H 




Detached Houses on 25 ft. Lots 


Lot 100 ft. deep 


Occupies 60 per cent of lot 
Legal maximum 60 per cent of lot 



Alternative to Figure 62 with garage 



323 



Figure 64 
Three-Story and Attic 




49FTYAKP 




HOUSE-; 
19 < 7G/ 




1-^ 

U- 

8 



h-Z3FT-H 



Detached Houses on 25 ft. Lots 

Lot I 50 ft. deep 

Occupies 5 5 per cent of lot 

Legal maximum 55 per cent of lot 

324 



Figure 65 
Three-Story and Attic 



(7 




■ / /y y y /^ 




(37FT6IN-MIN) 




house:/ 

19X60/ 




O 



FRONTYARP 



V-25f\ 



Detached Houses on 25 ft. Lots 

Lot 150 ft. deep 

Occupies 47 per cent of lot 

Legal maximum 55 per cent of lot 

Alternative to Figure 64 with front set-back 



Figure 66 
Three-Story and Attic 




7/ n YARD 
(50PrAMN.) 




K 25Fr -H 



Detached Houses on 25 ft. Lots 

Lot 200 ft. deep 

Occupies 49+ per cent of lot 

Legal maximum 50 per cent of lot 

326 



k 



Figure 67 
Three-Story and Attic 



W/M 



/ 



50 FT Yard 
(Min.) 




FRONT YARD 
25FTx30Fr 



K- 25FT— H 



Lot 200 ft. deep 

Occupies 48+ per cent of lot 

Legal maximum 50 per cent of lot 

Alternative to Figure 66 with ront set-back 



Figure 68 
Three-Story 



ISFrYARD 




[/HOUSE ^ 



T 



o 




K- Z5Fr-H 



Continuous Rows or Groups on 25 ft. Lots 

Lot 60 ft. deep 

Occupies 70 per cent of lot 

Legal maximum 70 per cent of lot 



328 




329 



Figure 70 
Three-Story 



ZOFT yZ5rT 



/. 



28FPYARP 
(ESFfMlM) 




HOUSE 




K 25n-M 



Continuous Rows or Groups on 25 ft. lots 

Lot 100 ft. deep 

Occupies 60 per cent of lot 

Legal maximum 60 per cent of lot 

Alternative to Figure 69 with garage 



330 



J 



Figure 71 
Three-Story 



V//////A 

(5ARAQE< 

y//////A 



^2FFVARD 

(30n-.Mn|| 




^^m^ 




Continuous Rows or Groups on 25 ft. 
Lot 150 ft. deep 
Occupies 55 per cent of lot 
Legal maximum 55 per cent of lot 



Lots 



Figure 72 
Three-Story 



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rRONjYARO 
^Ofrxf^F/". 



i 



K-f5Fr 



Continuous Rows or Groups on 25 ft. Lots 

Lot 150 ft. deep 

Occupies 55 per cent of lot 

Legal maximum 55 per cent of lot 

Alternative to Figure 71 with front set-back 



Figure 73 
Three- Story 




]» 



80 Pr YARD 
(WFT AAIN) 



kHOUSE'^ 




HOUSE 




k-25FT 



Continuous Rows or Groups on 25 ft. lots 

Lot 200 ft. deep 

Occupies 50 per cent of lot 

Legal maximum 50 per cent of lot 

333 



Figure 74 
Three-Story 



V//////// 



50 FT, 
YARD 

(40FT MIN, 




PRONTYARt 



i. 



^Z5FF-H 



Continuous Rows or Groups on 25 ft. Lots 

Lot 200 ft. deep 

Occupies 50 per cent of lot 

Legal maximum 50 per cent of lot 

Alternative to Figure 73 with front set-back 

334 



VI 
AN IDEAL HOUSING LAW 



VI 

AN IDEAL HOUSING LAW 

AN ideal situation as to the light and ventilation of 
/\ all future dwellings would result if we could adopt 
i Vin America the practice which is quite general in 
Great Britain; namely, of having no buildings used for 
residence purposes exceed two rooms in depth, each group 
of rooms thus extending from the street to the yard, a 
generous yard being left at the back of the building- 
Under this plan every room and public hall, in fact, every 
part of the building, would open either on the street or 
on this large back yard. Such conditions are ideal. It 
would mean that we would have no courts or air-shafts or 
similar makeshifts for direct light and air. 




Two Rooms deep ^ Ho court<s> 

Figure 75 



A most important step in this direction was taken in 
the "Standards for Permanent Construction" adopted by 
the U. S. Department of Labor in March, 1918, already 
22 337 



A MODEL HOUSING LAW 

referred to several times in this book. Here, in the stan- 
dards for tenement houses, flats and apartments (Type 8) 
it is provided: 

"Buildings are not to be more than 2 rooms deep. This 
means either that rooms shall open on the street or on a 
rear yard or on an interior park sufficiently large for grass 
and trees to grow in it and of a sufficient size to admit 
direct sunshine into all rooms opening on it, at some period 
of the day, except rooms with northerly exposure/' 

While it was easily practicable for the Federal Govern- 
ment to adopt Standards like these for the 200 million 
dollars' worth of workingmen's dwellings that were built 
by it for the housing of war workers, it is a nice question 
whether our courts would sustain the mandatory require- 
ment of a statute which prohibits the erection of dwellings 
containing courts which it could be shown are sufficient 
to furnish adequate light and air. 

A Housing Law rests in the last analysis on whether it 
is a reasonable exercise of the police power; which, in 
turn, is based on the health, safety and welfare of the 
community. 

If it can be shown to the satisfaction of our courts that 
this form of construction, viz., the use of courts, is pre- 
judicial to the health, safety and welfare of the commu- 
nity, such a law would be sustained. 

Before this can be brought about in America, however, 
we shall have to make radical changes in our property 
divisions. Such a plan requires that property shall be 
divided into shallow lots and that the present deep lot 
which prevails in America shall cease to exist. Before 
this state of affairs is likely to be reached there will un- 
doubtedly be many years of effort in the city planning 
movement. 

This book, however, would not be complete if it did not 
contain a scheme for adapting the Model Housing Law 
to such conditions. To bring about these ideal conditions 
but few changes in the Model Housing Law would have 
to be made. They are as follows: 

338 



AN IDF.AL HOUSING LAW 

Variation i : Omit Subdivision (7) of Section 2, and Variation 
re-number the subsequent subdivisions accordingl>'. 

Variation 2: In Subdivision (16) of Section 2 omit the 
words "or courts." 

Variation 3: In Subdivision (18) of Section 2 omit the 
sentence: "Court walls are exterior walls." 

Variation 4: Omit Section 25 and substitute the fol- 
lowing: 

"§25. Courts prohibited. There shall be no court or 
shaft or other unoccupied space on the lot other than a 
yard. No dwelling hereafter erected shall exceed two 
rooms in depth from the street to the yard. Each apart- 
ment, group or suite of rooms shall extend from the street 
to the yard." 

Omit Section 26. Variation 

Omit Section 27. 
Omit Section 28. 

I n Section 29 omit the words " courts or. 
1 n Section 3 1 omit the words " or court. 
In Section 37omit the words "or court. 
1 n Section 38 omit the words " or court. 
1 n Section 47 omit the words " or court, 
in Section 124 omit the words "or 



Variation 
Variation 
Variation 
Variation 
Variation 
Variation 10 
Variation i i 
Variation 12 
Variation 13 



court"; also omit the words "and twenty-five." 



339 



VII 



THE STANDARDS OF THE FEDERAL GOVERNMENT 



VII 

THE STANDARDS OF THE FEDERAL GOVERNMENT 

ILLUSION has been made in several of the notes to various 
l\ sections of the Model Housing Law to the Standards adopted 
I Vby the Federal Government in connection with the industrial 
housing developments of the U. S. Department of Labor and the 
U. S. Shipping Board. These standards were adopted by the U. S. 
Department of Labor under date of March 7, igiSand have been 
followed. in all essential respects, but with slight variation, by the 
U. S. Shipping Board as well. 

These have so important a bearing on the standards of the 
country's future housing laws that it has seemed not inappropriate 
to include them in this book. They should serve as a most valuable 
example and object lesson to all communities throughout the coun- 
try which naturally will not wish to have the types of dwellings 
erected in the future in their communities less desirable than those 
the Federal Government considers to be appropriate for the hous- 
ing of industrial workers in war times. 

In order that the reasons for the adoption of these standards 
and their full significance may be appreciated, we are reprinting 
part of an article by the author of this book published in the 
Architectural Record of April, 1918. 



343 



A MODEL HOUSING LAW 



THE GOVERNMENTS STANDARDS FOR WAR HOUSING* 

ON E of the many interesting and unexpected by-products of 
the war has been the inauguration in this country of the 
poHcy of building workingmen's dwelHngs by the Federal 
Government. For years Great Britain and other European coun- 
tries have carried on such a policy. Although a few persons have 
urged the adoption of a similar policy in America, America has been 
slow to follow this suggestion. It has seemed to many that the 
building of houses for workingmen by the Federal Government was 
an undue interference with the rights of the individual, and those of 
a conservative mind have feared greatly the inauguration of such 
a policy and what might come from it. 

But war changes everything. Now, irrespective of what should 
be the Government's policy in normal or peace times — whether 
it should follow the example of Great Britain, France, Belgium, 
Germany and other countries in aiding the buildingof workingmen's 
dwellings, or whether it should still continue to hold its former, 
position of aloofness — the exigencies of war have forced the Federal 
Government to take up the building of workingmen's dwellings. 
Those in the seats of the mighty have had forced upon them the 
conclusion that if the war is to be won by the Allies and is not to be 
drawn out and prolonged indefinitely, a thing, apparently so remote 
as the housing of the workers, may be a determining factor. 

While, of course, the most important function to be performed 
through the Government's taking over the building of houses for 
workers in shipyards and war industries resides in the speeding up 
of the war, there is an important by-product to come out of all this 
effort which students of housing are vitally interested in. 

Every one has recognized that workingmen's dwellings built 
by the Government, or with Government funds, would influence 

* From the Architectural Record, April, 1918. 

344 



STANDARDS OF THE FEDERAL GOVERNMENT 

construction in this field for many \'ears to come. As one observer 
put it, the Government's action will stamp for the next hundred 
years the type of house that is to be built for industrial workers. 
Irrespective of whether this statement is correct or not, there can 
be no question but that the standards adopted b\' the Government 
for the housing of workers will have a potent influence upon the 
housing of the workingman in this country for many years to come. 

Partly because of the recognition of this fact, but primarily 
because of the recognition of the fact that unless houses of the 
right kind were built, it would not be possible to attract and hold the 
right kind of workers in man\' communities, the Housing Admin- 
istration at Washington has set itself for many months past to the 
task of formulating standards which should govern in the construc- 
tion work to be undertaken with governmental funds. 



Nine Types of Houses 

The Standards provide for nine different types of buildings, as 
follows: the single-family house; the two-family house (one family 
upstairs — one family down; where two families are side by side 
with a division wall between, the type is known as the "semi- 
detached single-family house"); the single-family house with 
rooms for not more than three lodgers or boarders; lodging house 
for men; hotel for men; lodging house for women; hotel for 
women; the tenement house, and the boarding house. 

There are some i8 standards or provisions which have been 
grouped under the title "General Provisions" which are common 
to all of these types of buildings. In addition there are certain 
special provisions that have been laid down for each type. T\'pes 
1, 2 and 3 — viz., the Single-Family House, the Two-Family House 
and the Single-Family House with rooms for not more than three 
lodgers or boarders — are grouped together and come under practi- 
cally the same requirements. 

The Lodging House for Men and the Hotel for Men are 
grouped together and come under practically the same require- 
ments. Similarly with regard to the Lodging House and Hotel for 
Women. These two t\pes come under practicall\- the same re- 

345 



A MODEL HOUSING LAW 

quirements though they differ in some important respects from the 
requirements for the housing of men. The Tenement House and 
Boarding House have each their own special requirements. 

Significant Principles 
The significant things in these Standards, some of which really 
mark revolutionary changes in the housing of workers, are the 
following: 

1 . The declaration against the tenement house as a means 
of housing workers set forth as follows : 

"Tenement houses and apartment houses are considered 
generally undesirable and will be accepted only in cities where, 
because of high land values, it is clearly demonstrated that single 
and two-family houses cannot be economically provided, or where 
there is insistent local demand for this type of multiple housing. In 
any case, they will be accepted only where the Housing Board is 
convinced that local conditions require or justify their use. They 
must conform in general to local building ordinances, to the general 
provisions of these standards and to other special provisions to be 
issued by the Housing Board. " 

2. The requirements for light and ventilation, viz., the 
enunciation of the principle that in most cases, especially in the 
case of row or group houses and tenement houses, the houses shall 
not be more than two rooms deep, thus doing away with long and 
narrow courts. In fact the court as generally known is outlawed 
even in the case of tenement houses. For such buildings a treat- 
ment with a large interior park is the treatment required. 

3. The declaration that there shall be an adequate space 
between adjacent buildings, that either such side yards shall be 
adequate or that the houses shall be built in rows or groups. This 
standard marks a high-water mark in the housing practice of the 
country and if followed throughout the country will revolutionize 
present practice.. In place of the present inadequate narrow slits 
and alley-ways — often 3 feet and generally not more than 6 feet 
between buildings — the new standard requires 20 feet between 
adjacent buildings and insists upon a minimum of 16 feet. Unless 
this can be provided the houses must be built in rows. 

4. Similarly there has been an equally important recognition 

346 



STANDARDS OF THE FEDERAL GOVERNMENT 

of the importance of an adequate open space between the backs of 
buildings. The Standards impose a requirement for a minimum 
distance of 50 feet, with a minimum back yard of 20 feet in all cases. 
The desirability of set-backs at the front of the house is also recog- 
nized. 

5. The absolute prohibition of living quarters in basements 
and cellars. 

6. The requirement for through or cross-ventilation. Mov- 
ing air has come to be the vital principle in the modern science of 
ventilation. 

7. The barring* out completely of barracks, bunk houses and 
dormitories of the usual t)'pe and the substitution for them of 
dormitories housing each man in a separate single room of adequate 
size. 

■ In addition to these striking and fundamental advances in 
housing standards there are numerous details, all of which go to 
make for better living conditions, which mark distinct advances 
and which will be of material assistance to architects throughout 
the country in the planning of workingmen's dwellings, irrespective 
of whether they are to be built with Government funds or not. 
Some of these we believe are sufficiently interesting to be worth 
commenting upon here. 

Clothes Closets in Every Bedroom 
For instance, the Administration has felt it important to re- 
quire that in all t>'pes of houses — boarding houses, lodging houses 
and hotels, as well as in private dwellings—every bedroom shall have 
a clothes closet opening from the room. It has barred out the built-in 
wardrobe dresser and it has even gone so far as to suggest a mini- 
mum depth for clothes closets and require them to be supplied 
with rods so as to take coat hangers. It also requires every closet 
to have a door. To many this may seem like going into matters 
of detail of comparativel}- minor importance, but it is just such de- 
tails as these which make or break enterprises of this kind. In 
some parts of the countr\', partly for economy's sake, but also 
through a mistaken idea that the clothes of workers need special 
fumigation and airing, closet doors are omitted. This is a source 
of great discomfort and inconvenience to the tenants. A working- 

347 



A MODEL HOUSING LAW 

man's wife is no different from anybody else's wife. She dislikes 
just as much as does any other woman having dust or dampness 
pour in on her clothes. Similarly, so simple a thing as the require- 
ment for providing rods in each closet to take coat hangers has an 
importance way out of proportion to its cost. In the first place, 
it more than doubles the capacity of the closet. There are probably 
not five industrial housing developments in the country where such 
rods are provided and in many the clothes closets are built so nar- 
row that even if a rod were provided a clothes hanger couldn't be 
used on it. For this reason"the Administration has felt it necessary 
to impose a minimum depth of 22 inches in all closets. 

Arrangement of Halls, Stairs and Doors 
One of the things that will not be found so stated in the Stand- 
ards, but which has had very careful consideration, is the arrange- 
ment of halls, stairs and door openings so that heavy pieces of 
furniture such as are common to workingmen's families, may be 
taken up and down stairs and inside of rooms without having to 
take the house apart as is sometimes the case in workingmen's 
dwellings of the commercial type. It ought not to be necessary in 
such houses to take the piano or the brass bed, like a safe, up 
through the outside windows, but it frequently happens. More- 
over, the houses built with Government money will be such that 
the decencies of life and death can be observed and a coifin can be 
taken down stairs without standing it on end. If any one thinks 
that this is not an important matter he has little knowledge of the 
feelings which control the workingman. He resents such an in- 
dignity to the remains of some one dear to him just as much as 
would any of us. And so the Government requires that "halls, 
stairs and doors shall permit the easy moving of furniture." 

In very recent years a few architects, especially those who 
have had their training in Paris, have adopted the practice of plan- 
ning the furniture in the rooms. It is a most important practice. 
In the average workingman's dwelling it is honored more in the 
breach than in the observance. It too frequently happens that 
when the workingman puts his furniture in his nice little house, he 
finds no place for his beautiful brass double bed, which is the chief 
article of furniture in the average mechanic's home and is to be 

348 



STANDARDS OF THE FEDERAL GOVERNMENT 

found quite as often in the home of the foreign laborer as it is in 
the home of the American mechanic. 

Consequently, windows that have been provided to furnish 
light and ventilation are practically useless, for the bed is jammed 
up against them and the window as a result is never or seldom 
opened and the shade is kept pulled down, thus defeating the archi- 
tect's purpose. Similarly, closet and room doors are often so placed 
as to get in the way of nearly all of the furniture. In the new 
Standards these difficulties have been anticipated and it is required 
that beds shall be indicated on plans, to scale, and it is pointed 
out to the architects, some of whom seem to be without that 
domestic knowledge that double beds are 5 feet in width by 6 feet 
6 inches in length and single beds three feet wide. It might at first 
blush seem to the ordinary observer that it was hardly necessary to 
go into so much detail on this matter, but the Administration has 
already received plans from responsible architects of good stand- 
ing where every double bed was too narrow and was really a three- 
quarter bed — something that is seldom found in workingmen's 
homes — with a result that the bed when shown on the plans in the 
proper size did get in the way of doors and windows. 

The Standards also add this important provision: "It is re- 
commended that beds be free-standing and not located in a corner 
or with the side against a wall." Here again a necessary warning 
has been served upon the architectural profession. The writer 
recentl)- saw a very attractive and charming industrial housing de- 
velopment, one of the best in the country, where the architect had 
prided himself upon his forethought and intelligence in planning in 
all of the beds in the bedrooms, but he was either a bachelor or had 
never had the experience of helping his wife make the bed. The 
result was that all of his beds were shown jammed up in a corner 
with one side against the wall. He was greatly surprised to learn 
that the housewife didn't like beds located in that manner; that it 
^as impossible to make a double bed thus situated without pulling 
out the bed and pushing it back again, and that this was a nuisance. 
In addition, from the point of view of health, it is highly desirable 
that people should not be asked to sleep with their noses up against 
the wall. These defects, so frequentl\' encountered in the work- 



349 



A MODEL HOUSING LAW 

ingman's dwelling, have been anticipated in the new Standards and 
it is hoped will be obviated. 

Arrangement of Sinks and Washtubs 
A similar consideration of the convenience and comfort of the 
housewife is found in the requirement that sinks and washtubs 
shall have the rim 36 inches above the floor. This will prevent 
many an aching back. 

Outward Appearance 

Coming to the question of outside appearance, we fmd that 
board fences are barred out and hedges or open metal fences en- 
couraged. Provision for drying clothes is to be made and it is sug- 
gested that where metal fences are used the fence standards can be 
advantageously designed for this purpose. The backyard vegetable 
garden is not to be so much considered as to make the dividing 
up of the property into deep lots a desideratum to be sought after. 
It is suggested instead that the European practice of centrally 
located and conveniently accessible allotment gardens be followed 
rather than attempting in new developments to provide deep lots 
for the purpose of giving each man his own garden at the back of 
his house. Porches are stated to be desirable, but must be built of 
durable construction with proper foundations and must not en- 
croach on the side yard or unduly darken rooms. 

When it comes to the question of materials of exterior walls, 
the Standards very properly state that this question is dependent 
upon local supplies. Brick, terra cotta, stone or concrete are pre- 
ferred for all outer walls. In the case of buildings housing a number 
of people, such as lodging houses and hotels for men and women, 
outer walls of frame, except in the case of one-story buildings, are 
absolutely prohibited and frame tenements are similarly prohibited. 
Wood frame, either clapboard, shingled or stuccoed, is permitted for 
detached or semi-detached single-family and two-family houses 
not over two and one-half stories high. Division walls between 
houses built in rows or groups are required to be of brick, terra 
cotta, stone or concrete. 



350 



standards of the federal government 

Elimination of Winding Stairs 
One of the questions which will make many architects put 
more stud}' upon the plan of a workingman's dwelling than they 
have ever put before is the elimination of winding stairs. These 
are absolutel\' barred out for all classes of buildings; for, it has 
been found in practice that by a little bit more careful study the 
winder can be avoided, and it is the general experience among 
those familiar with dwellings of this kind that such stairs are very 
objectionable, that not only children fall down them and get in- 
jured, but that adults fmd great diificulty in getting accustomed to 
them and frequent accidents result. A maximum height of 8 
inches for risers and a minimum width of 9 inches for treads is 
required. 

Ventilation 
When it comes to questions of ventilation and light and air, 
there is nothing very startling or new in the Standards adopted. 
Obviously the Federal Government could not bring itself to 
loan money upon houses containing dark rooms, or even on 
houses with rooms inadequately lighted or ventilated. The Stand- 
ards require that every room in every type of building shall have at 
least one window of not less than 10 square feet in area opening 
directly to the outer air. In tenement houses and in lodging 
houses and hotels 12 square feet is the minimum required. This 
doesn't mean that every window must be 12 square feet in area, 
for there has been no thought of putting such a straitjacket 
upon architectural design. All that is required is that there 
shall be in every room at least one window containing this 
minimum area. The greatest latitude is given architects in util- 
izing windows as an essential part of the design of the house, 
and casement, pivoted and double-hung sash are all permitted and 
encouraged. While one window is required in every room, it is 
stated that two windows in each room are generally preferred; 
though it is recognized that in the small bedrooms one window is 
sufficient. Special emphasis is placed upon the desirability of 
cross-ventilation to secure moving air, and it is pointed out that 
this should be as direct as possible and it is suggested that where 
practicable communicating doors be provided between bedrooms 

351 



A MODEL HOUSING LAW 

for this purpose; that where this is not possible transoms be pro- 
vided, and doors and windows be so located as to make cross- 
ventilation as nearly direct as possible. 

Plumbing 
The best practice in plumbing requirements is followed. 
The house drain under the house and 5 feet outside of it is re- 
quired to be of extra heavy cast iron. Soil and waste lines simi- 
larly are recommended to be either extra heavy cast iron or 
genuine wrought iron and are required to be extended through the 
roof. One departure from the usual plumbing practice, and one 
which will appeal to architects as an economy and as a practical 
measure, is the permission to use a 3-inch soil stack where not more 
than two waterclosets are placed on one stack. Antiquated types 
of fixtures are naturally barred out. Plunger, pan, long-hopper 
and range closets are prohibited ; and waterclosets are required to be 
of porcelain and either wash-down, syphon or syphon-jet type, in all 
cases with an individual flush tank. The new type of open-front 
seat so important in preventing venereal disease is recommended. 
Outdoor waterclosets are absolutely prohibited, as are privies; 
cellar waterclosets are to be permitted only where they are sup- 
plementary to the accommodations required under the Standards, 
and even then must be constructed under conditions which will not 
give rise to abuse. One very important requirement is that access 
shall be had to all watercloset compartments either from a hall or 
vestibule and never solely from a room. This is essential for 
privacy. Wooden sinks and wooden washtrays are barred out. 
Hot and cold water supply is to be provided for all fixtures. Ex- 
posed pipes are preferred, though not always required, and when 
exposed preference is expressed for the use of wrought iron. Spe- 
cial emphasis is laid upon the desirability of concentrating pipes 
where possible, and especially in Northern climates, in keeping 
them away from outside walls so as to avoid f reeezing. 

Height of Buildings 
Single-family houses are to be kept down to two and one-half 
stories in height and two-family houses are limited to two stories. 
All other types of buildings — namely, tenement houses and hotels 

352 



STANDARDS OF THE FEDERAL GOVERNiMENT 

and lodging houses — are limited to four stories. While cellars are 
not required in all cases, nor are the\' to be deemed essential under 
the whole house in the case of private dwellings and two-familx' 
houses, a minimum height of 6 feet 6 inches is required and all 
cellars must be well lighted with good cross-ventilation and dr>' 
and well paved. Where cellars are omitted the house has to be 
set up on posts, stones or a wall, at least 2 feet above the ground, 
and this space is required to be drained, enclosed and ventilated. 

Rooms 

An attempt is made to guide the architectural profession 
as to what is the best practice and the desires of the working 
population with regard to room accommodation. In workingmen's 
dwellings that have been commercially built in this countr\' a mis- 
take has often been made in the past in providing too many rooms, 
the six-i-oom and seven-room house predominating to a very large 
extent. The average workingman does not want so many rooms. 
With a normal family he cannot use so many rooms and the result 
is that he is often induced to take in roomers or lodgers; the temp- 
tation to use the extra rooms in this way being almost irresistible. 
Moreover, the average mechanic does not wish to spend the money 
necessar\' to furnish so man\' rooms, nor can he afford to heat them, 
nor does his wife wish to take care of so many rooms. In the case 
of "common labor, " as a rule the workingman cannot afford to pay 
for more than four rooms, though he generally is forced in most 
parts of the country to rent a house containing either five, six or 
seven rooms. 

With full recognition of these facts the Housing Administra- 
tion has suggested in the case of the single-family and two-family 
houses that the best type of house for the higher paid worker is a 
five-room type consisting of parlor, large kitchen, three bedrooms 
and bathroom. As an alternative type of house it is suggested 
that in place of a large kitchen a dining room and kitchenette may 
be provided. Architects are cautioned against providing many 
houses of the four-room t\pe for the higher paid workers. In some 
cases where there are small families these will be desired, but as a 
rule the higher paid worker should have at least five rooms. A 
similar caution is urged with regard to the six-room t\pe of house 
-^ 353 



A MODEL HOUSING LAW 

consisting of parlor, dining room, kitchen and three bedrooms and 
bath. The Administration states that such a type is suited only for 
abnormally large families and should be provided sparingly, it adds 
that for the lower paid workers the four-room type of house is the 
desirable type and that it should consist of a parlor, a kitchen, two 
bedrooms, and a bathroom. An interesting provision is found in 
the requirement that where a house has more than seven rooms it 
is to be treated as Type 3, viz., a single-family house with rooms 
for lodgers or boarders. This means that the additional bedrooms 
must be so arranged and located as to insure privacy of access for 
boarders, and privacy of toilet accommodations. In such houses 
it is required that lodgers shall have access to their bedrooms and 
to a separate watercloset compartment without having to pass 
through the rooms designed for the use of the family. This will do 
away with very serious evils that now exist in connection with the 
practice of taking roomers in workingmen's dwellings. 

Size of Rooms 

In many workingmen's houses that have been built in the 
past the rooms are frequently too small. In order to bring 
about economy of construction, and also sometimes because of 
disadvantageous lot units, and in the case of the speculative 
builder a desire to "skin the job" as much as possible, has led 
to the construction of houses with rooms of inadequate size. The 
Housing Administration, in order to prevent this kind of evil in 
Government construction, imposes a minimum size for bedrooms 
in private dwellings, two-family houses and tenement houses, of 80 
square feet, with a minimum width of 7 feet. In lodging houses 
and hotels it permits individual bedrooms as narrow as 6 feet in 
width and as small as 60 square feet in area, though it recommends 
in such types of buildings bedrooms of 70 square feet in area with a 
7-foot width as a minimum. In all family dwellings, whether pri- 
vate house, two-family house or the tenement, one large bedroom 
is required to be provided of a size not less than 10 by 12 feet and 
preferably not larger than 12 by 14 feet. 

Some architects in their desire to give ample space, sometimes 
provide rooms that are too large. In order to avoid this certain 
maximum sizes are indicated. This is quite important; for, the 

354 



STANDARDS OF THE FEDERAL GOVERNMENT 

bedroom that is too large encourages the taking in of roomers and 
lodgers and is used practically as a dormitorv. The house that has 
too large rooms is also unattractive to the workingman, who fmds 
it difficult and expensive to heat, and he also fmds that the ordinary 
furniture, such as he can buy in the department store or such as he 
possesses, will not fit it. This is an important consideration to the 
workingman; in fact, a room that will nicely take a 9 by 12 rug will be 
found to be the size room that the workingman will generally desire. 
For these reasons the Administration has suggested a maximum 
size for all of the large rooms — namely, parlor, dining room, kitchen 
and large bedroom — of 12 by 14 feet, with a minimum size for these 
rooms of 10 by 12 feet. Kitchenettes are permitted only where 
there is a separate dining room. In such case the kitchenette may 
be as small as 6 feet in width with a minimum area of 70 square feet. 

Height of Rooms 

In private dwellings and two-family houses as well as in 
lodging houses and hotels, rooms 8 feet high are permitted. In the 
latter class of buildings the public rooms are required to be from 9 
to 12 feet in height. In tenement houses, following the practice 
in most cities and the standards of most tenement house laws, a 
clear height of 9 feet is required for all rooms. Attic rooms are 
encouraged in order to make possible the greater use of houses 
with pitched and gambrel roofs; but an attempt is made, however, 
to prevent such rooms from becoming either unsanitary or uncom- 
fortable because of lack of proper ventilation, or of inadequate 
height, or too great heat in summer. 

In all cases a roof air space of at least 8 inches is required be- 
tween the top of the ceiling and the under side of the roof; this 
space to be provided with adequate waterproof openings for venti- 
lation at both ends, if practicable. In addition, where there are 
attic rooms it is required that there shall be a height of 8 feet 
throughout a floor area of at least 40 square feet; that there shall 
also be a clear height of not less than 6 feet over an area of at least 
80 square feet, with a minimum width of 7 feet throughout that 
area. The practice of filling up the attic in a private dwelling with 
roomers is discouraged b>' the requirement that in two and one-half 
stor\- houses a single bedroom onl\' may be provided in the attic. 

355 



a model housing law 

Fire Protection 

Every building over three stories high must be a fireproof 
building throughout. In hotels and lodging houses for both men 
and women the buildings are required to be divided up at intervals 
of approximately 3,000 square feet by fire walls of brick, terra cotta, 
stone or concrete, with fireproof self-closing doors at all openings. 
In hotels and lodging houses the stairs and stair halls are required 
to be fireproof and enclosed in walls of brick, terra cotta, stone or 
concrete with fireproof self-closing doors at all openings. Dumb- 
waiters and elevators are not permitted in stair inclosures, but are 
required to be inclosed in separate fireproof shafts with fireproof 
doors, those for dumb-waiters to be self-closing. In these types of 
houses inside cellar stairs are permitted, but are required to be 
inclosed similarly with fireproof walls with self-closing fireproof 
doors. 

Means of Egress 

In hotels and lodging houses for both men and women addi- 
tional means of egress to the street or yard must be provided either 
by an additional flight of stairs, by a fire tower or by a stair fire- 
escape. The fire-escape is considered the least desirable method. 
Such additional means of egress are required to be remote from 
the main stairs and to be separated from it and from the other parts 
of the building by fireproof walls, with fireproof self-closing doors 
at all openings, and to be so located that no room shall be more 
than 40 feet away from a means of egress. Similar provisions are 
made with regard to tenement houses except that, of course, in 
this class of building the egress is required to be direct from each 
apartment or flat instead of from a public hall. 

Some Unique Features 
Hotels and lodging houses for both men and women, espe- 
cially for women, present some novel features which the writer 
believes will become the accepted type for buildings of this kind. 
The type of building itself, a city hotel for working men and work- 
ing women, is a new type and there has been comparatively little 
experience on which to base conclusions. What experience there 
has been, however, has been freely availed of. Some of the inter- 

356 



STANDARDS OF THE FEDERAL GOVERNMENT 

esting features of the women's lodging house and hotel which 
ma\' be cited are the following: 

First, the suggestion that a girl's lodging house or hotel should 
provide accommodations for not less than 75 girls; that it is 
uneconomic to house less, and that similarly it should not contain 
more than 1 50 girls, as it has been found with more than that 
number the difficulties in management and supervision are too 
great. The same considerations do not apply in the case of men. 

The providing of so-called "beau parlors" in the women's 
lodging houses or hotels where the girls can receive their men 
callers under proper conditions and yet be under the observance at 
least of the matron, without embarrassing the girl, is one of the 
interesting and admirable features that have been worked out. 

In addition, the arrangement is suggested that on the first 
floor of such buildings there shall be provided a matron's office so 
placed as to oversee the single entrance and the access to the sleep- 
ing quarters. A kitchenette, a sitting room and a sewingVoom are to 
be provided on at least alternate room floors so as to give the girls a 
chance to make candy and to cook up such midnight messes as are 
dear to the heart of youth. The opportunity also to sit and do 
their mending without having to go down stairs is an important 
one. Similarly, provision is made for a room, preferably in the 
basement, where the girls can wash their clothes. 

The hotel type corresponds very closely to the lodging house 
type except that in addition it is required to have a dining room 
and cafeteria with the necessary pantry, service rooms and kitchen. 

One interesting detail that differentiates the women's lodging 
house from the men's is the requirement that in the women's 
general lavator\- on each floor there shall be partitions between 
washbasins extending up five feet from the floor so as to give 
privacw This is not found necessary with the men. Similarly, 
with the men, showers are provided, but for the women these are 
required to be body showers. 

The Standards contain so many interesting details that we 
print them in full. 



357 



1 



A MODEL HOUSING LAW 



Department of Labor, Bureau of Industrial Housing and 
Transportation 

Standards Recommended for Permanent Industrial Housing 

Developments 

March, 1918 
ACKNOWLEDGMENT 

The following standards for permanent buildings to be con- 
structed for the housing of industrial war workers were adopted by 
the Bureau of Industrial Housing and Transportation of the De- 
partment of Labor, in consultation with Mr. Lawrence Veiller, 
secretary National Housing Association, on March 7, 1918. The 
original draft was prepared by Mr. Veiller. It was discussed and 
modified in a series of conferences in the course of which the follow- 
ing persons took part and offered helpful suggestions: 

Grosvenor Atterbury, architect, member of the Committee 
on War-time Housing of the National Housing Association. 

Alexander Bing, secretary of the Housing Committee of the 
Emergency Fleet Corporation. 

Charles B. Ball, chief sanitary inspector, Chicago. 

Owen Brainard, architect and engineer. 

Arthur C. Comey, landscape architect. 

Francis Dykes, real estate department, Bethlehem Steel Co. 

Otto M. Eidlitz, civil engineer and builder. 

James Ford, professor of social ethics, Harvard University. 

Philip Hiss, architect, chairman Section on Housing, Com- 
mittee on Labor, Council of National Defense. 

John Ihlder, housing investigator. 

Harlean James, executive secretary Section on Housing, 
Committee on Labor, Council of National Defense. 

Walter H. Kilham, architect. 

Robert D. Kohn, architect, member of the Housing Commit- 
tee'of the Emergency Fleet Corporation. 

Joseph D. Leland, 3d, architect. 

358 



STANDARDS OF THE FEDHRAL GOVERNMENT 

Perry R. MacNeille, consulting architect to the Emergency 
Fleet Corporation. 

Horace B. Mann, architect. 

Marcia Mead, architect. 

John Nolen, landscape architect, member of the Committee 
on War-time Housing of the National Housing Association; mem- 
ber of the Housing Committee of the Emergency Fleet Corporation. 

Frederick Law Olmsted, landscape architect, member of the 
Committee on Emergency Construction, Council of National 
Defense. 

E. L.- Palmer, jr., architect. 

William C. Post, architect. 

Lincoln Rogers, Bureau of Yards and Docks, United States 
Navy. 

L N. Phelps Stokes, architect. 

Lawrence Veiller, secretary National Housing Association; 
member of the Committee on War-time Housing of the National 
Housing Association. 

George S. Welsh, architect. 



359 



A MODEL HOUSING LAW 



HOUSING STANDARDS FOR PERMANENT CON- 
STRUCTION 

These standards are not intended as inflexible requirements, 
but any plans which fail to conform to them are not likely to be 
accepted unless supported by very strong reasons. Local building 
codes, housing laws, and similar ordinances are to be followed: 
Provided, however, That in case such local regulations permit or re- 
quire anything not permitted by these standards the express ap- 
proval of this bureau is to be obtained before departing from the 
standards as here outlined. 

Types of Houses 

(Principal types only) 

Type I . Single-family house. 
Type 2. Two-family house. 

Type 3. Single-family house with rooms for lodgers or 
boarders. 

Type 4. Lodging house for men. 
Type 5. Hotel for men. 
Type 6. Lodging house for women. 
Type 7. Hotel for women. 
Type 8. Tenement house. 
Type 9. Boarding house. 

I. General Provisions 

All types of houses to conform to these general provisions and, in addition, to 
certain special provisions as later indicated. 

1. Arrangement. — Row or group houses normally not to be 
more than two rooms deep. 

2. Basements. — No living quarters to be in basements. 

3. Closets. — Every bedroom to have a clothes closet, open- 
ing from the room. Built-in wardrobe dressers will not be accepted. 
Normally such closet to be not less than 22 inches deep and with 
door. Closets to be supplied with rods to take coat hangers. 

4. Cooking. — Gas preferred, but flue for coal stove to be 

360 



STANDARDS OF THE FEDERAL GOVERNMENT 

provided ; all flues to be lined. 'I'he question of whether or not cook- 
stoves are to be provided with the house to be considered at the 
time materials are being ordered. 

5. Fences. — Board fences will not be accepted. Hedges or 
open metal fences desirable. Suitable arrangements for drying 
clothes to be provided. Where there are open metal fences the 
fence standards can be designed for this purpose. 

6. Furniture Space. — Beds to be indicated to scale on plans 
(double beds, 5 feet by 6 feet 6 inches; single beds, 3 feet by 6 feet 
6 inches). Location of beds not to interfere with windows or doors. 
It is recommended that beds be free standing and not located in a 
corner or with the side against a wall. Space to be provided for 
two pieces of furniture in addition to bed. Halls, stairs, and doors 
to permit easy moving of furniture. 

7. Gardens. — Allotment gardens, conveniently accessible, 
preferable to increasing the size of the lot to provide for individual 
back>'ard vegetable gardens. 

8. Lighting. — Electricity preferred. 

9. Materials of Exterior. — Materials dependent on local 
supplies; brick, terra cotta, stone, or concrete preferred. Outer 
walls to be insulated against dampness and condensation. Rat 
nogging to be provided. Roof to be fire resisting; leaders and gut- 
ters not essential unless drip will do harm. 

10. Open Spaces. — Side-yard space between adjacent build- 
ings to be preferably 20 feet; minimum, 16 feet; such space to be 
increased proportionately for each additional story, or part of story, 
above two stories. If this space is not obtainable because of lot 
sizes or land values, houses should be built in rows or groups. 

Rear-yard depth not to be less than height of building, nor in 
any case less than 20 feet. Minimum distance between backs of 
houses to be 50 feet. Consideration to be given as to whether sites 
should be provided for garages. When not an integral part of the 
.house, garages should preferabl\' be at the rear of the lot, should not 
be located closer than 1 5 feet to the nearest part of house, and 
should not exceed one story in height. 

Front N'ards or set-backs desirable where practicable; mini- 
mum distance from front of house to front of opposite house to be 
50 feet. 

. 361 



A MODEL HOUSING LAW 

Covered porches to be considered part of building. 

1 1. Plumbing. — House drain under house and 5 feet outside 
to be extra heavy cast iron. Vitrified clay pipe, with proper joints, 
may be used where ordinance permits. It is recommended that 
soil and waste pipes be extra heavy cast iron or genuine wrought 
iron. Soil and waste pipes to be extended through roof. A 3-inch 
soil stack preferred where not more than two water-closets are 
placed on one stack. 

Water-closets to be porcelain and wash-down, siphon, or 
siphon-jet type, with individual flush tank. Open-front seat rec- 
ommended. Outdoor water-closets will not be accepted. Privies 
will not be accepted. Cellar water-closets not permitted except 
where supplementary to accommodations herein required. 

Access to water-closet compartments to be from hall or vesti- 
bule, never solely from a room. Plunger, pan, long-hopper, and 
range closets will not be accepted. 

Hot and cold water to be provided to all fixtures, with proper 
drains and shut-offs. Wooden sinks and wash trays will not be 
accepted. 

All fixtures to be separately trapped except in batteries of 
wash trays and combined sink and wash tray, where one trap is 
sufficient. 

Venting of traps to conform to approved practice, except that 
the back venting of the top or only fixture on a line is not required. 
Sink and lavatory traps to be connected direct to the vertical 
wastes, and not to floor branches. Exposed pipes preferred, and, 
when exposed, wrought iron preferred. Where possible, lines to be 
concentrated and kept from outside walls. 

12. Porches. — Desirable. To be of durable construction, 
particularly the foundations; to be restricted from encroaching on 
minimum side yard or unduly darkening rooms. 

13. Rear Entrances. — In the case of row or group houses 
there may be access to the rear through minor one-way public 
streets. Such streets to be not less than 12 feet wide; to be prop- 
erly paved, curbed, drained, and lighted. Private alleys will not be 
accepted. 

14. Roof Air Space. — In every house there shall be a mini- 
mum clear space of 8 inches between the ceiling and the roof; this 

362 




STANDARDS OF THE FEDERAL GOVERNMENT 

Space to be provided with adequate waterproof openings for venti- 
lation, at both ends if practicable. 

15. Rooms, Number of. — Bathrooms are not to be counted 
as rooms. 

i(). Stairs. — Risers to be not more than 8 inches high and 
treads to be not less than 9 inches wide. Winding stairs will not be 
accepted except in types i . 2, and 3. Not more than 2 winders will 
be allowed in series. Treads must measure at least g inches wide 
18 inches from rail. 

17. Ventilation. — Every room to have at least one window 
opening directly to the outer air. Two windows in each room gen- 
erally preferred; one window sufficient in small bedrooms. Each 
room to have a window area of not less than 12 square feet. 

Cross ventilation as direct as possible to be provided for all 
rooms through windows, transoms, or doors; communicating door 
recommended between, front and rear bedrooms in row houses. 

Every bathroom to have window of not less than 6 square 
feet in area opening directly to the outer air. 

Every water-closet compartment to have a window of not less 
than 4>^ square feet in area opening directly to the outer air. A 
skylight in the roof, with an equal amount of glass area and pro- 
vided with adequate ventilators, will be accepted in lieu of such 
window, but skylights are not desirable. 

18. Windows. — Minimum area to be measured between stop 
beads. Window head to be as near ceiling as practicable. Win- 
dows may be double-hung, pivoted, or casement. If double-hung, 
upper and lower sash to be the same size. In cities with soft-coal 
smoke nuisance, minimum area to be increased. 

Window frames to be designed to accommodate screens and 
outside shutters. In cold climates, weather strips are recommended. 

11. Special Provisions for Types i, 2, and 3 

In addition to complying with all general provisions, types i, 2, and 3 are to comply 
with the following special provisions. 

Type I . Single-family house. 

Type 2. Two-famil\- house. ("Two-flatter," one family up- 
stairs, one down. For "double house," see "single-family house, 
semidetached.") 

363 



A MODEL HOUSING LAW 

Type 3. Single-family house with rooms for not more than 
three lodgers or boarders. 

1. Arrangement. — Types i and 3 not to be over 2]A stories 
high. Type 2 not to be over 2 stories high. 

When detached or semidetached, types 1,2, and 3 normally 
not to be over 3 rooms deep; when in rows or groups, not to be 
over 2 rooms deep except that the end house of row may be 3 rooms 
deep. 

2. Cellar. — To be well lighted, cross ventilated, dry, and 
paved or cemented. Minimum clear height under joists, 6 feet 
6 inches. When hot-air furnaces are used, minimum height 7 feet. 
Cellar not essential under whole house. Where climatic or soil 
conditions make cellar inadvisable it may be omitted, in which case 
adequate provision is to be made for storing fuel. Where cellar is 
omitted, house to be set up on masonry piers or walls 2 feet clear 
from ground; space to be drained, inclosed, and ventilated. 

3. Grouping. — Single-family houses of the more expensive 
type preferably to be detached houses, but may be semidetached 
or even attached in rows or groups. In other cases where land 
values permit, detached or semidetached are desirable; otherwise 
attached in rows or groups. 

4. Heating. — Provision to be made for heating houses. If 
not otherwise heated, bathroom to be heated from kitchen stove. 

5. Materials of Exterior. — Brick, terra cotta, stone, or 
concrete preferred; but wood frame clapboarded, shingled, or 
stuccoed permitted for detached or semidetached houses not over 
2>^ stories high. Party walls to be of brick, terra cotta, stone, or 
concrete. 

6. Plumbing. — Bathtub (shower is not sufficient). 
Lavatory, to be preferably in bathroom. 

Sink to be in kitchen; rim 36 inches above floor. 

Washtubs with covers, preferably two, rim 36 inches above 
floor, to be set in kitchen or in well-lighted, dry, and ventilated 
cellar. 

Water-closet to be inside the house in well-lighted and venti- 
lated compartment, with window of 43^ square feet minimum area 
to outer air, and preferably with impervious floor not of concrete. 

7. Rooms, Height of. — Minimum, 8 feet. 

364 



STANDARDS OF THE FEDERAL GOVERNMENT 

Sloping ceilings and " knee walls" will be accepted only under 
the following conditions: Roof space above flat portion of ceiling 
to be of ample size and adequately ventilated; spaces between 
rafters of sloping portion to be adequately ventilated into roof 
space; bedroom to have greater window area and better cross ven- 
tilation than the minimum permissible for a standard flat-ceiling 
room ; bedroom to have a minimum height of 8 feet over an area of 
at least 40 square feet with a minimum flat-ceiling width of YA feet, 
and a clear height of not less than 6 feet over an area of at 
least 80 square feet with a minimum width of 7 feet. 

8. Rooms in Attic. — As a rule, in 2>^-story houses, only one 
bedroom to be provided in the attic. 

9. Rooms, Number and Use of. — In types i and 2: For 
higher-paid workers, five-room type preferred, with parlor, large 
kitchen, 3 bedrooms, and bathroom. Dining room and kitchenette 
may be provided in place of the large kitchen. Four-room type to 
be provided sparingly for higher-paid workers. Six-room type, 
with 4 bedrooms, or 3 bedrooms aild parlor convertible into fourth 
bedroom, suited for abnormally large families only, and should be 
provided sparingly. Six-room type should normally have parlor, 
dining room, kitchen, 3 bedrooms, and bathroom. 

For lower-paid workers, four-room type desirable, with 
parlor, kitchen, 2 bedrooms, and bathroom. 

Any house having more than seven rooms to be treated as 
type 3. 

In type 3, in addition to family quarters indicated above, 
single rooms for lodgers to be provided. In addition to the family 
water-closet accommodations, a water-closet compartment con- 
taining lavatory to be provided for the sole use of the lodgers. 
Lodgers to have access to their bedrooms and to their water-closet 
compartment without going through rooms designed for use of 
familw 

10. Rooms, Size of. — One large bedroom to be provided, size 
10 by 12 to 12 by 14 feet. 

Small bedrooms, minimum area, 80 square feet; minimum, 
width, 7 feet. 

Parlor, 10 by 12 to 12 b\' 14 feet. 
Dining room, 9 bv 12 to 12 bv 14 feet. 

365' 



A MODEL HOUSING LAW 

Kitchen (where there is no separate dining room), lo by 12 
to 12 by 14 feet. 

Kitchenette (only where there is a separate dining room), 
minimum width, 6 feet; minimum area, 70 square feet. 

III. Special Provisions for Types 4 and 5 

In addition to complying with all general provisions, types 4 and 5 must comply 
with the following special provisions. 

Type 4. Lodging house for men. 
Type 5. Hotel for men. 

1. Arrangement. — Provision to be made for 75 men or 
more. Height Hmited to 4 stories, except in large cities. 

2. Cellar. — Minimum height, 7 feet; to be well lighted, 
cross ventilated, dry, and paved or cemented. Cellar not essential 
under whole building. Where omitted, building to be set up on 
masonry piers or walls 2 feet clear from ground; space to be 
drained, inclosed, and ventilated. 

3. Fire Protection. — If over 4 stories high, to be fireproof 
throughout. If over 3 stories high, first-floor construction to be 
fireproof. 

If over 2 stories high, a nonfireproof building the area of 
which exceeds approximately 3,000 square feet to be divided by 
fire walls of brick, terra cotta, stone, or concrete into areas not ex- 
ceeding approximately 3,000 square feet each. All openings in 
such walls to be provided with fireproof self-closing doors. 

Adequate means of egress to be provided to street or yard by 
an additional flight of stairs, or by fire tower or stair fire escape 
(fire escape less desirable). All such additional means of egress to 
be remote from the main stairs and separated therefrom and from 
the other parts of the building by walls of brick, terra cotta, stone, 
or concrete, with fireproof self-closing doors at all openings. Such 
additional means of egress to be so located that no room shall be 
more than 40 feet from a means of egress. All main egress doors 
to swing out. 

All stairs and stair halls to be not less than 3 feet wide in the 
clear and to be inclosed in walls of brick, terra cotta, stone, or con- 
crete, with fireproof self-closing doors at all openings. All doors to 
stair halls to swing into stair hall without obstructing free passage. 

366 



STANDARDS OF THE FEDERAL GOVERNMENT 

Dumb-waiters and elevators will not be accepted in stair 
inclosure; the\- should be inclosed in fireproof shafts with fireproof 
doors, those for dumb-waiters to be self-closing. I nside cellar stairs 
to be inclosed with walls of brick, terra cotta, stone, or concrete, 
with self-closing fireproof doors. Standpipes with hose reels on 
each tloor to be so located that any point can be reached with 75 
feet of hose. 

4. Heating. — Except where connected with a central plant, 
provision to be made for independent heating. 

5. Materials of Exterior. — To be brick, terra cotta, stone, 
or concrete, except that wood frame will be accepted for one- 
stor>' buildings. 

6. Plumbing. — Minimum provision: One water-closet per 
\2 men; one urinal per 16 men; one lavatory per 8 men; one 
shower per 10 men; one bathtub per floor, provided there is not 
less than one per 50 men. Ratio to be increased where there are 
less than 50 men per floor. Floor and base of toilet rooms to be 
waterproof not of concrete. Sufficient water-closets to be pro- 
vided in the cellar or basement for the accommodation of engineers, 
firemen, and laundr\' workers. 

7. Roo.MS, H eight of. — Height for public rooms, 9 to 1 2 feet ; 
minimum for bedrooms, 8 feet. 

8. Rooms, Number and Use of. — Each lodger to have sepa- 
rate room. Two-men rooms not permitted. (Cubicles and dwarf 
partitions will not be accepted.) 

Each floor to have a general bathroom containing required 
showers, tub, and lavatories. Each floor also to have a general 
toilet room containing required water-closets and urinals. Each of 
the two rooms to have windows opening directly to the outer air, 
and to be separate but adjoining and communicating. Service 
closets with slop sinks and space for brooms and pails to be pro- 
vided on each floor. 

Smoking room, reading room, billiard room, ph\sician's 
room, laundr\' for washing clothes, superintendent's office and ade- 
quate quarters for superintendent to be provided. Unless pro- 
vided elsewhere in the communit\', bowiing alle\s to be in base- 
ment. 

Hotel (t\pe 5) also to have dining room and cafeteria with 

367 



A MODEL HOUSING LAW 

outside access thereto, and with pantry, service rooms, kitchen, 
and toilet facihties for men and women employees. An additional 
general toilet room is to be provided conveniently accessible. 

9. Rooms, Size of. — Single bedrooms to have a minimum 
area of 70 square feet and minimum width of 7 feet. 

10. Ventilation. — Bedroom doors preferably to be placed 
opposite each other and to have transoms or slat panels. 

1 1 . Windows. — One window in each room to have minimum 
area of 12 square feet between stop beads. 

IV. Special Provisions for Types 6 and 7 

In addition to complying with all general provisions, types 6 and 7 must comply 
with the following special provisions. 

Type 6. Lodging house for women. 
Type 7. Hotel for women. 

1. Arrangement. — Provision to be made for 75 to 150 
women (with less than 75 the unit is not economical; with more 
than 150 there are diificulties in management and supervision). 

Height limited to 4 stories, except in large cities. 

2. Cellar. — Minimum height, 7 feet; to be well lighted, 
cross ventilated, dry, and paved or cemented. Cellar not essential 
under whole building. Where omitted, building to be set up on 
masonry piers or walls 2 feet clear from ground; space to be 
drained, inclosed, and ventilated. 

3. Fire Protection. — If over 4 stories high, to be fireproof 
throughout. If over 3 stories high, first-floor construction to be 
fireproof. 

If over 2 stories high, a nonfireproof building the area of which 
exceeds approximately 3,000 square feet to be divided by fire walls 
of brick, terra cotta, stone, or concrete into areas not exceeding 
approximately 3,000 square feet. All openings in such walls to be 
provided with fireproof self-closing doors. Adequate means of 
egress to be provided to street or yard by an additional flight of 
stairs, or by fire tower or stair fire escape (f re escape less desirable). 
All such additional means of egress to be remote from the main 
stairs and separated therefrom and from other parts of the building 
by walls of brick, terra cotta, stone, or concrete, with fireproof self- 
closing doors at all openings. Such additional means of egress to 

368 




STANDARDS OF THE FEDERAL GOVERNMENT 

be SO located that no room shall be more than 40 feet from a means 
of egress. All main egress doors to swing out. 

All stairs and stair halls to be not less than 3 feet wide in the 
clear and to be inclosed in walls of brick, terra cotta, stone, or con- 
crete, with fireproof self-closing doors at all openings. All doors to 
stair halls to swing into stair hall without obstructing free passage. 

Oumb-waiters and elevators will not be accepted in stair 
inclosure; the\- should be inclosed in fireproof shafts with fireproof 
doors, those for dumb-waiters to be self-closing. 1 nside cellar stairs 
to be inclosed with walls of brick, terra cotta, stone, cjr concrete, 
with self-closing fireproof doors. Standpipes with hose reels on 
each floor to be so located that any point can be reached with 75 
feet of hose. 

4. Heating. — Except where connected with a central heating 
plant, provision to be made for independent heating. 

5. Materials for Exterior. — To be of brick, terra cotta, 
stone, or concrete, except that wood frame will be accepted for one- 
stor>- buildings. 

6. Plumbing. — iMinimum provision: One water-closet per 
10 women, one lavatory per 6 women, one body shower per 10 
women, one bathtub per 25 women. Ratio to be increased where 
there are less than 30 women per floor. Floor and base of toilet 
rooms waterproof, not of concrete. Dwarf partitions between lava- 
tories to extend at least 6 feet above the floor and have curtains. 
Sufficient water-closets to be provided in the cellar or basement 
for the accommodation of engineers, firemen, and laundry workers. 

7. Roo.Ms, Height of. — Height for public rooms, 9 to 12 
feet; minimum for bedrooms, 8 feet. 

8. Roo.Ms, Nl'.mber and Use of. — Each lodger to have sepa- 
rate room. (Cubicles and dwarf partitions will not be accepted.) 
Rooms for two women not permitted. Each floor to have a gen- 
eral bathroom containing required body showers, tub, and lava- 
tories. Each floor also to have a general toilet room containing re- 
quired water-closets. Each of these two rooms to have windows 
opening directlx' to the outer air, and to be separate, but adjoining 
and communicating. Service closet, with slop sink and space for 
brooms and pails to be provided on each floor. 

First floor to have matron's office so placed as to oversee the 
24 369 



A MODEL HOUSING LAW 

single entrance and access to sleeping quarters; to have reception 
parlors or alcoves (one for every 20 women), or large parlor with 
furniture arranged for privacy in conversation; also assembly hall 
with movable partitions and set stage. 

Kitchenette, sitting room, and sewing room to be provided on 
at least alternate room floors. Matron's quarters, physician's 
room, and infirmary, laundry in which lodgers can wash their 
clothes, and trunk room to be provided. 

Hotel (type 7) also to have dining room and cafeteria, with 
outside access thereto, with pantry, service rooms, kitchen, and 
toilet facilities for employees. An additional toilet room is to be 
provided conveniently accessible. 

9. Rooms, Size of.^ — Single bedrooms to have a minimum 
area of 70 square feet and minimum width of 7 feet. 

10. Ventilation. — Bedroom doors preferably to be placed 
opposite each other, and to have transoms or slat panels. 

1 1. Windows. — One window in each room to have minimum 
area of 12 square feet between stop-beads. 

V. Special Provisions for Type 8 

Type 8. Tenement house (including flats or apartments), a 
building occupied in whole or in part by three or more families. 

Tenement and apartment houses are considered generally un- 
desirable and will be accepted only in cities where, because of high 
land values, it is clearly demonstrated that single and two-family 
houses can not be economically provided, or where there is in- 
sistent local demand for this type of multiple housing. In any case, 
they will be accepted only where the Bureau of Industrial Housing 
and Transportation is convinced that local conditions require or 
justify their use. They must conform in general to local building 
ordinances, to the general provisions of these standards, and to 
other special provisions to be issued by the Bureau of Industrial 
Housing and Transportation. 

VI. Special Provisions for Type 9 

In addition to complying with all general provisions, buildings of type 9 must 
comply with the following special provisions. 

Type 9. Boarding house. Where more than 3 and less than- 
25 rooms for lodgers are provided, building to be classed as board- 

370 



STANDARDS OF THE FEDERAL GOVERNMENT 

ing house. If 3 lodgers or less, building to be classed as type 3; 
if 25 or more, to be classed as type 4, 5, 6, or 7. 

1 . Access. — Lodgers to have access to their bedrooms and to 
their water-closet compartments and bathrooms without going 
through rooms designed for use of family. Separate outside en- 
trance for lodgers recommended. 

2. Arrangement. — Not to be over 3 stories high. Not to 
be over 2 rooms deep, except that the end house of rows may be 
3 rooms deep. 

3. Cellar. — To be well lighted, cross ventilated, dry, and 
paved or cemented. Minimum clear height under joists, 7 feet. 
Cellar not essential under whole house; where omitted, house to be 
set up on masonry piers or walls 2 feet clear from ground; space to 
be drained, inclosed, and ventilated. 

4. Fire Protection. — If frame, not to be over 2 stories high. 
If over 2 stories high, adequate means of egress to be provided to 
street or yard by an additional flight of stairs, or by fire tower or 
stair fire escape (fire escape least desirable). All such additional 
means of egress to be remote from the main stairs and separated 
therefrom and from the other parts of the building by walls of 
brick, terra cotta, stone, or concrete, with fireproof self-closing 
doors at all openings. Such additional means of egress to be so 
located that no room shall be more than 40 feet from a means of 
egress. 

All stairs and stair halls to be not less than 3 feet wide in the 
clear and to be inclosed in walls of brick, terra cotta, stone, or con- 
crete, with fireproof self-closing doors at all openings. 

Dumb-waiters and elevators will not be accepted in stair in- 
closure; they should be inclosed in fireproof shafts with fireproof 
doors, those for dumb-waiters to be self-closing. 

5. Heating. — Except where connected with a central plant, 
provision to be made for independent heating. 

6. Materials of Walls. — Brick, terra cotta, stone, or con- 
crete preferred, but wood frame clapboarded, shingled, or stuccoed 
permitted for detached or semidetached houses not over 2 stories 
high. 

7. Plumbing. — Family living quarters to have: 
Bathtub (shower is not sufficient). 

371 



A MODEL HOUSING LAW 

Lavatory, to be preferably in bathroom. 

Sink to be in kitchen; rim 36 inches above floor. 

Washtubs with covers, preferably two, rim 36 inches above 
floor, to be set in kitchen or in well-lighted, dry, and ventilated cellar. 

Water-closet to be inside the house in well lighted and venti- 
lated compartment, with window of 43^ square feet minimum area 
to outer air, and preferably with impervious floor not of concrete. 

In addition to above, a water-closet compartment containing 
lavatory to be provided for the sole use of the lodgers. Floor and 
base of toilet rooms to be waterproof, not of concrete. 

The following minimum provisions to be made: 

For men, i bathtub per 24 lodgers, i water-closet, and i lava- 
tory per 8 lodgers, I shower per 10 lodgers; for women, i bathtub 
per 16 lodgers, i body shower per 10 lodgers, i lavatory per 5 
lodgers, i water-closet per 8 lodgers. Dwarf partitions between 
lavatories for women to extend at least 6 feet above the floor and 
have curtains. 

8. Rooms, Height of. — Minimum, 8 feet. 

9. Rooms in Attic. — No lodgers' rooms in attic accepted. 

10. Rooms, Number and Use of. — Each lodger to have sep- 
arate room. Rooms for two lodgers not permitted. (Cubicles and 
dwarf partitions will not be accepted.) Building to contain more 
than 3 and less than 25 rooms for lodgers. In addition to living 
quarters for one family, lodgers' bathrooms and toilet rooms con- 
taining showers, tubs, lavatories, and water-closets to be provided ; 
preferably, bathroom containing showers, tub, and lavatories to be 
separate but adjoining and communicating with water-closet com- 
partment. One of each such rooms preferably on each floor. Each 
of these two rooms to have windows opening directly to the outer 
air. Lodgers to have a common room, also dining room; the latter 
to be located near family kitchen; the common room to be con- 
veniently accessible from the outside. 

1 1 . Rooms, Size of. — Single bedrooms for lodgers to have a 
minimum area of 70 square feet and minimum width of 7 feet. 
Size of common room and dining room each to be proportionate to 
the number of boarders. 

12. Ventilation. — Bedroom doors preferably to be placed 
opposite each other and to have transoms or slat panels. 

372 



% 



VI 1 1 
ZONING 



VI 11 
ZONING 

THE earlier edition of this book contained a section provid- 
ing for the establishment of residence districts in a commu- 
nity by a simple method through which the majority of the 
property owners in the district affected, petitioned the local 
authorities for the establishment of such a district. 

Since the first edition was published in 1914 much has hap- 
pened in America in the progress of the movement for the Zoning 
or Districting of cities. Until a few years ago some lawyers be- 
lieved that the courts would not sustain laws which imposed dif- 
ferent requirements as to height and use of buildings and size of 
open spaces in different parts of. the same city; for, this is in 
essence what Zoning does. With the decision of the United States 
Supreme Court in the famous Hadacheck case (239 U. S. 394) the 
whole question has been put on a different basis. There is now no 
shadow of doubt as to the legal validity of laws of this kind; for, 
the Court of last resort has affirmed in unmistakable terms the 
propriety of such legislation as a legitimate exercise of the police 
power of the State. 

Since the enactment of the New York Cit>' Law in 1916, the 
states of California, Illinois, Iowa, New Jersey and New York 
have passed general laws permitting their cities to adopt Zoning 
schemes, and Oakland and Fresno in California, Philadelphia, Mil- 
waukee, Newark, Jersey Cit>', Rochester, N. Y., Niagara Falls, 
Detroit, Omaha, and St. Louis have appointed Commissions to 
work out such plans. 

The following cities have either adopted Zoning Regulations 
or are at work upon them: Berkele\', Los Angeles. Milwaukee, 
.Minneapolis, Newark, New York, Omaha, Ottawa, Philadelphia, 
Sacramento. St. Louis, and Washington, D. C. 

It is thus seen that a number of cities and states have adopted 

375 



A MODEL HOUSING LAW 

Zoning ordinances. Under these, the cities have been divided in 
some cases into very minute districts in which different regulations 
exist as to the heights of buildings and their use, viz., whether for 
residence purposes or factory purposes or for business purposes, 
etc. ; in some cases also as to size of open spaces and percentage of 
lot that may be occupied. 

Such ordinances when adopted have invariably been only as 
a result of careful and minute painstaking inquiry through a year 
or more by a local Commission which has gone into the question of 
local values with the very greatest care; for, naturally in setting 
boundaries of this kind and forbidding the use of property for cer- 
tain purposes outside of such boundaries it is essential that the 
boundaries should be fixed only upon the most accurate knowledge 
of conditions and tendencies. 

For these reasons with the general coming into vogue of 
Zoning laws, it has seemed better to omit from the text of the 
Model Housing Law in this edition the section for the establishment 
of residence districts. 

It may be, however, that there are some communities which, 
though not yet ready for a complete Zoning law, would be greatly 
advantaged by the power to establish Residential Districts. For 
the benefit of these communities it has been thought wise to append 
to this chapter the provisions for the establishment of Residential 
Districts (Section 9, Model Law — ist edition). It is suggested 
that this be added to the Model Law as Section 1 1 and change the 
numbers of Section 1 1 and 12 to 12 and 13. It is as follows: 

§ 1 1. Residence Districts.^ Whenever the owners of 
record of two thirds or more of the linear frontage of one 
side^ or street-frontage of any block shall by written peti- 
tion to the common council duly signed and acknowledged, 
ask that such side or street-frontage of said block be desig- 
nated as a "residence district," and the common council 
shall approve of such petition, such side or street-frontage 
of said block shall thereupon become a " residence dis- 
trict," and shall continue to be such until such time as a 
like petition asking that such side or street-frontage of 
said block cease to be a "residence district" shall be pre- 

376 



ZONING 

sented to the common council and be approved b\' them. 
Except as otherwise provided in section thirt\', no build- 
ing other than a private-dwelling or two-familx' dwelling^ 
shall hereafter be erected or altered or converted to be so 
occupied on an\' lot abutting on such street-frontage so 
long as it continues to be a "residence district." Such 
written consents shall be filed in the health department 
and shall be public records. A "block" for the purposes 
of this section is a propert\' division containing one or 
man\' lots and bounded b\' three or more streets.-^ 

Note i : This is somewhat novel in American Explana- 
practice. It is an attempt to protect residence dis- ^[^^ 
tricts from the invasion of commercial and other 
non-residence uses. The novel feature is that it is 
done b\' statute rather than by covenant. It is an 
attempt, therefore, to appl>' to America the European 
practice of establishing by regulation various dis- 
tricts or zones for different purposes, which is so 
vital a feature of most intelligent schemes of cit\' 
planning. The plan which has been developed is 
believed to be especially applicable to American con- 
ditions. Its chief points are: 

1 . The request for restriction of use arises with 
the owners of the major part (two-thirds) of the 
propertN' affected bv the restriction. 

2. It provides for a hearing before the local legis- 
lative bod>', thus giving every citizen his day in 
court, and requires the approval of the local authori- 
ties before the scheme becomes effective. 

3. It provides a flexible scheme b\' which the re- 
strictions can be removed at any time b\' the same 
method under which they were originally established. 

4. It makes the unit one side of a block thus limit- 
ing the area of " betterment" or depreciation to reas- 
onable limits. 

5. It does not stand in the wa\' of the commercial 
development of the cit\- or even of a neighborhood in 
view of the smallness of the unit adopted. It permits 
business on one side of a street, residences on the other. 

6. It excludes from within a residence district those 
classes of buildings which can be readil\' shown to be 
objectionable to the occupants of a residence district 
and to affect adversely propert\- values. 

377 



A MODEL HOUSING LAW 

Note 2: The diagram below shows how the plan 
would work out. 

Taking the block A B C D, let us assume that three 
sides AB, BC and CD are established as "residence 
districts"; the remaining side AD, located on an 
avenue where business has already got a strong foot- 
hold and where business buildings are the only prac- 
tical development, is not made a residence district. 

Note 3: It is to be noted that under this section 
everything is excluded from a residence district ex- 
cept private dwellings and two-family houses and 
certain rear buildings on the back of the lot used in 
connection with them, as private garages, stables, and 
so forth. (See Section 30.) But no public garage or 
public stable, no apartment house or tenement house, 
no factory, loft, office building, store or shop, hotel or 
church can be erected there without the consent of 
two-thirds of the owners affected. 



P 

tu 

•i 

UI 
G 



Main St 



A 




5u 


SIN 


ES2 




D 




B 












C 





Poplar ^x Eesi pence Pistrict 



Figure 76 



There is a point of danger that provisions of Zoning laws may 
establish lower standards as to percentage of lot that may be 
occupied, as to limitation of height and as to size of courts, rear 
yards, side yards and other open spaces; for, zoning laws fre- 
quently deal with these latter considerations. For this reason 
Section 1 58 dealing with Laws Repealed has been so worded that 
where there is conflict between the standards of the housing law 
and a Zoning regulation, the higher standard shall always prevail. 

378 



1 



ZONING 

In some cases it may well be that the higher standard will be 
found in the Zoning regulation, whereas, in other cases it will be 
found in the housing law. Under the scheme outlined in Section 
158 no matter where it is found, the higher standard will always 
prevail. 

In most states before the local authorities can adopt a Zoning 
ordinance or regulation it is necessarv to obtain power from the 
state legislature. While it may be in some states that a specific 
grant of power of this kind is not needed, it is the part of wisdom 
to obtain it; for, the right to adopt regulations discriminating be- 
tween different sections of a city, and to say that a building on 
one street ma\' be used as a factory but that a building one block 
away cannot be so used; or that a building on one street may be 
erected to a height of 100 feet while one only a block away may 
go only to a height of 60 feet, are still somewhat novel questions 
in this country. 

It is best to be on the safe side. It can do no harm to get a 
grant of power to do this specific thing, viz., to discriminate and 
provide different regulations for different parts of the same city. 
For this reason there is appended herewith a Model Zoning Ena- 
bling Act. It is practically a verbatim copy of the Enabling Act 
passed in New York State in 191 7 based upon the law enacted 
originally for the city of New York and later extended to the 
entire state. 

Persons seeking Zoning legislation will do well to adhere 
closely to this model. While it has not as yet been tested in court 
it has been carefull\' drawn by those who have given great atten- 
tion to the subject and is believed to be adequate in all respects. 



379 



A MODEL HOUSING LAW 



ZONING ENABLING ACT 

An Act 
To empower cities to regulate and limit the height and use of 
buildings and to regulate and determine the size and area of 
yards, courts and other open spaces and for said purpose to 
divide the city into districts. 

The People of the State of .... . represented in 
Senate and Assembly, do enact as follows: 

Section i . Each city in the state is hereby empowered to reg- 
ulate and limit the height and bulk of buildings hereafter erected 
and to regulate and determine the area of yards, courts and other 
open spaces, and for said purpose to divide the city into districts. 
Such regulations shall be uniform for each class of buildings 
throughout any district, but the regulations in one or more dis- 
tricts may differ from those in other districts. Such regulations 
shall be designed to secure safety from fire and other dangers and 
to promote the public health and welfare, including, so far as con- 
ditions may permit, provision for adequate light, air and conveni- 
ence of access, and shall be made with reasonable regard to the 
character of buildings erected in each district, the value of land and 
the use to which it may be put, to the end that such regulations 
may promote public health, safety and welfare and the most 
desirable use for which the land of each district may be adapted 
and may tend to conserve the value of buildings and enhance the 
value of land throughout the city. 

Section 2. Each city is also empowered to regulate and re- 
strict the location of trades and industries and the location of 
buildings, designed for specified uses, and for said purposes to 
divide the city into districts and to prescribe for each such district 
the trades and industries that shall be excluded or subjected to spe- 
cial regulation and the uses for which buildings may not be erected 
or altered. Such regulations shall be designed to promote the-pub- 

380 



ZONING 

lie health, safety and general welfare and shall be made with rea- 
sonable consideration, among other things, to the character of the 
district, its peculiar suitability for particular uses, the conservation 
of property values and* the direction of building development, in 
accord with a well considered plan. 

Section 3. This act shall take effect immediately. 



381 



INDEX 



1 



234. 


236, 


271 

'45 
'93 

258 


i84, 


206, 


258 
145 




'73, 
.87. 


205 
260 




•79. 


258 



INDEX 

SF.CTIOM 

Abatement 

of nuisance, procedure for 194, 196, 229 

Access 

sole, through bed room to other rooms 

forbidden 36 

street to yard 57 

to bottom of shafts and courts 126 

to fire-escapes, obstruction of, for- 
bidden 52, 80, 127 

to living rooms, bed rooms, and water- 
closet compartments 36 

to plumbing pipes 49, 78 

to roof required 53, 129 

to second means of egress to be direct 51, 127 

Accessibility 

of sewer connections and water sup- 
ply 9 65,66 

Accommodations 

See Water-closet Accommodations 

Accumulations 

of dirt, etc., forbidden loi 220 

Act 

application 12 68 

construction of, to be liberal 1 59 287 

scope of I 27 

time when, takes effect 1 59 286 

See also Housing Lau;, Model 

Actions 
costs of 143, 144 269, 27 1 

Additional Means of Egress 128 260 

Additional Rooms and Halls 74 202 

Addresses 

indexing names and 152 279 

Affidavit 

alleging correctness of plans, specifica- 
tions and statements shallbe made 
by owner, agent or architect 140 263 

Agent 

may file plans for owner 140 263 

owner's, written instrument designating 140 263 

registry of name of, for service of proc- 
ess 149 277 

25 385 



INDEX 

SECTION PAGE 

Air-intakes 27, 73 121, 201 

Air Movement 31 132, 134 

Air-shafts 
See Shafts 

Air Space 

cubic air content 31 134 

in rooms, amount required 110 229 

under entrance floor 162 

Alcoves and Alcove Rooms 76 141, 204 

lighting and ventilation of 76 141, 204 

Alley Dwellings 29 128 

Alleys 

measurements of rear yard to middle line of .... 22 83 

relation to rear yard requirements 22 87 

to be kept clean loi 220 

Alteration 

of buildings erected prior to act, in 

violation thereof, forbidden 4 60 

of buildings into dwellings 3 57 

of dwellings erected subsequent to act, 

in violation thereof, forbidden 4 60 

of dwellings for store purposes 29 127 

of dwellings of one class to dwellings of 

another class 3 57 

of existing wooden multiple-dwelling 85 207 

Alterations 70-86 200-208 

and change in occupancy 4 60 

before approval of plans forbidden 140 - 263 _ 

must be in accordance with approved 

plans and specifications 140 263 

of old dwellings 3 57. 58, 59 

permit for, cancellation of 140 263 

permit for, expiration by limitation of 140 263 

permit necessary 14c 263 

provisions relating to 70-86 200-208 

unlawful, procedure to prevent 144 271 

Amendment 

of minimum requirements by local 

authorities forbidden 7 62 

Amenities 

use of term 24 

Angles in Courts 

Animals 

keeping of certain, in dwelling or on 

premises forbidden 106 

Apartment Hotels 

included in Class A multiple-dwellings 2 (3) 

Apartment Houses 

height limitation . ". 21 

included in Class A multiple-dwellings 2 (3) 

386 



94. 


I lO 




124 




225 




34 


77 


,78 




34 



INDEX 

SECTION PAGE 

Apartments 

number of, to be registered in health 

department i4<S 276 

Application 

of model housing law i 27 

Approval 

for alterations or construction, cancel- 
lation of 140 263 

for alterations or construction, expira- 
tion by limitation of 140 263 

of plans and specifications by health 

oificer 140 263 

Approved Fire-resistive Material 

definition 2 (20) 54 

Aqueduct 

definition 2 (21) 57 

Architect 

may file plans for owner 140 263 

Area 

floor, of rooms 33. 74 > 36, 202 

of windows in basement rooms 94 213 

in interior rooms 120 240 

in public halls 39. 75 156, 202 

in rooms 32, 76, 120 135, 204, 240 

in stair-halls '. . . .40, 75 157, 202 

in water-closet compartments and 

bath rooms 37, 76, 78 147, 204, 205 

Areas 

to be concreted if required 45 164 

to be graded and drained 45 164 

to be kept clean loi 220 

Arguments 

against act 293 

Art Galleries 

windows in rooms used for 31 132 

Ashes 

receptacles for 105 223 

Asylums 

included in Class B multiple-dwellings 2 (3) 35 

,\ttic 

definition 2(13) 46 

rooms, height of 34 139 

Automobile 
See Garages 

Bachelor .Apartments 
included in Class .\ multiple-dwellings 2 (3) 34 

Balconies 
fire-escape 52, 80, 127 184, 206, 258 

387 



INDEX 

SECTION PAGE 

Balcony Fire-escapes 
second means of egress 5i» 127 179, 258 

Balusters, Stair 
See Stairs, Construction of 

Base 
waterproof, required for water-closet 

compartments 47» 78, 124 166, 205, 246 

Basement 

and cellar rooms 94 213 

conditions of occupancy for living 

i purposes 43.94 161,213 

definition 2 (13) 46 

depth of 44 162 

drainage of 43, 44, 94, 125 161, 162, 213, 257 

floors/to be watertight 44, 125 162, 257 

height of 44> 94 162, 213 

lighting and ventilation of 43, 44, 94 161, 162, 213 

rooms 43 161 

windows in, area of 94 213 

Basement; Cellar; Attic 
definitions 2(13) 46 

Basements and Cellars 125 257 

Basins 

See Catch-basins 

Bath Rooms 

inside, for apartment houses 37 1 50, 1 5 i 

inside, for hotels 37 148, 149, 1 50 

lighting and ventilation of 37. 76 147, 204 

Bed Room 
sole access to, through other rooms 

forbidden 36 145 

Beds 

ceiling 41 A 160 

closet 41 A 160 

folding 41 A 160 

Bins 
for garbage, prohibited 105 223 

Block 
definition 377 

Boarders 
regulation of 1 1 1 230-233 

Boarding Houses 

included in Class B multiple-dwellings 2 (3) 34 

wooden 85 208 

Bolts 

movable, allowed on scuttles and bulk- 
heads 129 261 

Bond 

not necessary for health department to 

give 157 284 

388 



INDEX 

SECTION PACE 

Boston 

report of Mayor's housing commission 62 197 

"three-deckers" in 62 . 196,197 

Building 

code, amendment of 11,12 

difference between, and tenement 

house law i i, 12, n 

scope of 11,12 

construction of word 2 (20) S4 

laws, three kinds of 11 

line, fire-escapes may project beyond 52, 80 184, 206 

operations, effect of act on 293 

wooden, definition 2(18) 52 

Bun. DING Codes, Tenement House 

Laws and Housing Laws 1 j-i6 

Buildings 

converted or altered 3 

converted or altered into dwellings, 

provisions governing 20-62 

converted or altered into dwellings, 
subject to act relative to new dwell- 
ings 3 

dangerous, proceedings relative to 112, 113 

on lot with dwelling, certain kinds pro- 
hibited 29, 30 125, 

repairs to, ordered or made by health 

officer 113 

space between 29 

types of, included in housing problem 13, 1 

Bulkheads 82 

roof, direct access to, required 53, 129 

fire-resistive 53, 82, 129 187, 

key-locks on, to be removed 129 

locking of door forbidden 115, 129 

movable bolts or hooks allowed on 129 

stairs leading to 53, 54, 81, 115, 129 187, 189, 

to be easily accessible to all occu- 
pants 115, 129 

to be kept free from incumbrance 115, 129 

to be located in ceiling of public hall . . . 33, 129 
Businesses 

dangerous 108 

unlawful, procedure to prevent con- 
duct of 144 

Butler's Pantries 
hardwood floors in 122 246 



Calf 

keeping of, in dwellings or on premises 

of multiple-dwellings prohibited 106 225 

Casement Sash 2(12) 46 

Catch-basins 100 219 

389 





57 


7' 


-196 




57 


234 


236 


126 


130 




236 




I2S 


4, ' 


5. 16 




207 


.87, 


260 


207, 


260 




261 


239 


261 




261 


207, 


23Q, 




261 


23Q, 


261 


2 3Q 


261 


187. 


261 




227 




271 



INDEX 

SECTION PAGE 

Ceilings 

cellar, plastering of 125 257 

cellar, whitewashing or painting of 95 215 

height of in tropical countries 34 139 

no paper to be placed on, until old 

paper is removed 104 222 

roofs to be drained so as not to cause 

dampness in 97 216 

to be cleaned before papering 104 222 

to be kalsomined or painted white 103 222 

to be kept clean loi 220 

Cellar 

ceiling, plastering of 125 257 

ceiling, whitewashing or painting of 95 215 

definition 2 (13) 46 

depth of 44 162 

elevator shaft in, fire-resistive doors to. ... 58, 84 193, 207 

entrance to, outside 61 196 

floors, damp-proofing and water-proof- 
ing of 44, 125 162, 257 

general toilet room in, supplementary 
to required water-closets, not pro- 
hibited 92 211 

general water-closet accommodations 

in, prohibited 92 

lighting and ventilation of 44, 125 

occupation of, for living purposes pro- 
hibited 42, 94 

rooms 42, 94, 125 

stairs inside, prohibited 59 

to be kept clean loi 

walls and ceilings 95 

walls, whitewashing or painting of 95 

water-closets in, prohibited without 

written permit 47, 78, 92 

water-proofing of 44, 125 

Cellars and Basements: 125 257 

Cellars, Water-proofing and Light- 
ing 44 162 

Cells of Jail 

size of .33 1 36 

Certain Dangerous Businesses 108 227 

Certificate 

of approval of plans and specifications 

to be issued 140 263 

Certificate of Compliance 141 266 

dwellings occupied without, to be va- 
cated 142 268 

to be obtained before occupation of 

new or converted dwellings 141 266 

390 







211 




162, 


257 




161, 


213 


161, 


213. 


257 
194 
220 
215 
215 


166, 


20^ 


211 




162 


257 



INDEX 

SECTION PAGE 

Cesspools 

prohibited 48, 124 172, 246 

sewer connections 9 65 

substitution of water-closets for 124 246 

Changes From First Edition vii-x 

Changes in the Law vii 

Charter 

construction of word 2 (20) 53 

Charters 

provisions of act to supersede conflict- 
ing provisions of 1 58 285 

Chauffeur's Quarters 29 129 

Chicago 

definition of tenement house in 13 

height limitation in 24, 50 94, 178, 179 

Chickens 

keeping of, in dwellings or on premises 

of multiple-dwellings prohibited 106 225 

Children 

kitchenette apartments unsuitable for 33 138 

Chutes 

for garbage, prohibited 105 223 

Circuit Court 

definition 144 273 

Cisterns 

and wells 99 219 

no opening in, for drawing water with 

pails or buckets 99 219 

size, number, construction and main- 
tenance of, to be determined by 
health officer 99 219 

to be provided with attachment for 

drawing water 99 219 

Cities Having Housing Laws vi 

City Engineer 

powers conferred by act on, addi- 
tional 1 54 282 

City Planning Movement 

effort in, necessary to reach ideal con- 
ditions 21 80, 338, 339 

City Treasury 

construction of words 2 (20) 53, 54 

City Water 

definition of 2 (20) 54, 56 

Classes of Dwellings 2 (2) 32 

Classes of Multiple-dwellings 2 (3) 34 

Classification 

of provisions of model housing law 21 

391 



INDEX 

SECTION PAGE 

Cleanliness of Dwellings loi 220 

Closet 

under first story stairs 60 196 

under stairs to upper stories forbidden 60 196 

Closet under First Story Stairs 60 196 

Closets 

See IVater-closets 

Club Houses 

included in Class B multiple-dwellings 2 (3) 34 

Columbus, Ohio 

definition of tenement house in 13 

Combustible Materials 107 226 

storage of, prohibited 107 226 

Commissioner of Public Safety 

construction of words 2 (20) 53, 54 

powers conferred by act on, additional 154 282 

right of entry given 1 56 283 

Compliance 

certificate of. See Certificate of Com- 
pliance 

time for, by owners of existing dwell- 
ings II 67 

Concessions 

explanation of, in model housing law 23 

Concreting 

of areas, courts and yards 45 164 

Condemnation 

of infected and uninhabitable houses, 

proceedings for 112, 113 234, 236 

Conflagration Hazard 24 94, 110 

Construction 

before approval of plans, forbidden 140 263 

dwellings 8 65 

must be in accordance with approved 

. plans and specifications 140 263 

permit for, cancellation of 140 263 

permit for, expiration by limitation 140 263 

permit necessary 140 263 

unlawful, procedure to prevent 144 271 

Construction of Act to be Liberal 159 287 

Construction of Certain Words 2 (20) 53 

Contact Diseases 

relation of, to lodger evil in 231, 232 

Convents 

included in Class B multiple-dwellings 2 (3) 34 

Conversion 

of building to dwelling 3 57 

of dwellings of one to another class 3 57. 5^. 59 

392 



INDEX 

SECTION PAGE 

Corner and Interior Lots 2 (8) 43 

Corner Lot 

definition 2 (8) 43 

relation to several buildings on lot 29 130 

See also Lot 

Cornices 2 (16), 24 50, 5 >. 107 

Corporation Counsel 
construction of words 2 (20) 53, 54 

Costs 

in actions or proceedings under this act. . 143, 144 269, 271 

of workingmen's dwellings, reduction of 34 139 

Cotton 

storage of, forbidden 107 226 

Cou RT 

definition 2 (7) * 

inner, definition 2 (7) 

outer, definition 2 (7) 

Cou rts 2 (7), 2 5 

access to bottom of 126 

and shafts 126 

angles in 28 

changes in model housing law neces- 
sary to prohibit 

elimination of, by shallow lots 

fire-escapes in, forbidden 52, 80 

inner, air-intakes for 27, 73 

inner, passageways for 27, 73 

method of measuring height 25 

minimum size not to be decreased by 

other buildings 29 

new, in existing dwellings 73 

open at top 26, 73 

size of 23, 73 

table showing minimum widths and 
lengths for various heights of build- 
ings 25 

to be concreted if required 45 

to be graded and drained 45 

to be kept clean loi 

walls of, to be whitewashed or painted iC2 

width of 

width proportionate to height 25 

Courts, Areas and Yards 21, 45 82, 164 

Cow 

keeping of, in dwelling or on premises 
of multiple-dwellings prohibited 106 225 

Cubic Feet of Air Required 31, no 134, 229 

Curb Level 2 (15) 50 

definition 2(15) 50 

393 





41 




41 




41 


41 


258 
258 




124 


184, 


338 
206 


121 


201 


121, 


201 




113 




125 




201 


119, 


201 


••3. 


201 




116 




164 
164 




220 




22 1 




295 




113 



INDEX 

SECTION PAGE 

Damage 
to dwellings 6 62 

Dampness 
provision for ventilation and protec- 
tion from 44, 125 162, 257 

Damp-proofing 

of foundation walls 44, 125 

of lowest floor 44, 125 

Dangerous Buildings 

proceedings relative to 112, 113 

Dangerous Businesses 108 

Decisions 

Health Department vs. Rector 98 

Tenement House Department vs. Moeschen. 124 

Definition 
of certain words 2 (20) 

Definitions 2 

Department Charged with the En- 
forcement of this Act 
construction of words 2 (20) 

Depth of Lot 
definition 2 (9) 

Diagrams 
model housing law, explanation of 

Dirt 
accumulations of, forbidden 10 1 220 

Discretionary Power 
in modifying provisions of act forbidden 7 62 

Diseases 
See Contact Diseases 

Distance 
between two buildings 295 

Districts 

See Residence Districts 

Door 
sash, equivalent of window 40 157 

Doors 

at bottom of shafts and courts 126 258 

communicating between rooms for 

cross-ventilation . . . 31 134 

fire-resistive, to elevator shaft 58, 84 193, 207 

self-closing, to dumb-waiter shafts 58, 84 194, 207 

to be kept clean loi 220 

to halls of dwellings from paint, oil, 

drug and liquor stores forbidden 108 227 

Double House 2 32 

394 



162, 
162, 


257 
257 


234, 


236 




227 




218 
248 


53 


\, 54 




30 


53 


i> 54 




43 




22 



INDEX 

SECTION PAGE 

Drainage 

of areas, courts and yards 45 164 

of basement rooms 43, 44, 94, 125 161, 162, 21 5, 257 

Drains 49, 78 173, 205 

to be kept clean 101 220 

See also House Drains 

Drip Trays 
prohibited 47, 78 166, 205 

Drug Storks 
doors, windows or transoms to halls of 

dwellings from, forbidden , 108 227 

Ducks 
keeping of, in dwellings or on premises 

of multiple-dwellings prohibited 106 225 

Dumb-waiters 

and elevators 58, 84 193, 207 

enclosed in fire-resistive shafts 58, 84 193, 207 

fire-resistive doors to 58, 84 193, 207 

self-closing doors to 58, 84 193, 207 

Duplex 

See Two-Family D-welling 

Duplex Apartments 
included in Class A multiple-dwellings ... .2 (3) * 34 

Dwelling 2(1) 31 

building on same lot with 29, 30 125, 126, 130 

construction of word 2 (20) 53 

definition 2(1) 31 

definition of fire-resistive 2(17) 51 

definition of multiple 2 (2) 32 

definition of private 2 (2) 32 

definition of two-family 2 (2) 32 

Dwellings 

alley 29 128 

classes of 2 (2) 32 

cleanliness of 10 1 220 

construction 8 65 

conversion or alteration of other build- 
ings to 3 57 

converted or altered from one to an- 
other class 3 57 

damaged 6 62 

dangerous, proceedings relative to 112, 113 234,236 

fire-resistive, when required 50, 79 178, 206 

height of, proportionate to width' of 

street 21,71 75, 200 

ideal lighting and ventilation of 337, 338 

inspection of 155 282 

keeping of animals in, or on premises 1 06 225 

may be vacated if erected, altered or 

occupied contrary to law 4 60 

395 



INDEX 

SECTION PAGE 

Dwellings (Continued) 

occupation of new, altered or con- 
verted, without certificate of com- 
pliance unlawful 141, 142 266, 268 

occupied without certificate of com- 
pliance to be vacated 142 268 

rear 29 127 

repair of 97 216 

to be cleaned to satisfaction of health 

officer 10 1 220 

two rooms in depth 337, 338 

Dwellings Hereafter Erected 20-62 71-196 

Dwellings Moved 5 61 

discretionary power in case of 5 61 

Earthenware 

house drains, prohibited 49, 78 173, 205 

Easement Agreement 

arrangement for side yards 24 95, 103 

Eaves : 2 (16), 24 50,51,107 

Eaves and Cornices 

overhanging side yards 24 107 

Effect 

time when act takes 159 286 

Egress 127 258 

existilig fire-escapes to have safe means 
of, from yard or court to street, 
alley, or adjoining premises 127 258 

means of, in case of fire, 51, 52, 53, 80, 81, 1 15, 127, 179, 184, 187,206 

128, 129 207, 239, 258, 260 

municipal authorities may enact sup- 
plementary ordinances relative to 7 62 

roof 53, 81, 129 187, 207, 260 

second means of, in Class A multiple- 
dwellings must be directly accessible 
to each apartment, suite or group of 
rooms 51, '27 179,258 

second means of, in Class B multiple- 
dwellings must be directly accessible 
to public hall 5 ', 127 179, 258 

second means of, may be balcony fire- 
escapes, additional inside or outside 
stairs, fire tower 51,127 1 79, 2 58 

superintendent of buildings shall order 
such additional means of, as may be 
necessary 128 260 

superintendent of buildings shall re- 
quire proper means of, in case of ex- 
isting multiple dwellings 127 258 

two separate means of, to extend from 

entrance floor to roof 5^ '27 179,258 

Elevator 

shafts to be fire-resistive 58, 84 193, 207 

shafts to have fire-resistive doors 58, 84 193, 207 

396 



INDEX 

SECTION PAGE 

Elevators 58, 84 193, 207 

in well-hole of stairs prohibited 58 193 

separated from stairs by fire-resistive 

walls 58, 84 193, 207 

Elizabeth Group Houses 24 109 

Enacting Clause 
of model housing law 27 

Enforcement 153 279 

mayor to designate oflTicial for 153 280 

of act, State Board of Health may ex- 
amine into 10 67 

of housing laws 6 

of supplementary pro\'isions 7 63 

records to be kept by enforcing official 153 280 

English Law 

height of buildings 21 80 

Entrance 
outside, to cellar or lowest story re- 
quired 61 1 96 

Entrance Floor 
See Floor, Entrance 

Entrance Halls 57 193 

See also Halls, Entrance 

Entry 
right of 1 56 283 

Eviction 
of tenant for non-compliance with act . 111,145 230,274 

Excavation 
depth of, under entrance floor 44 162 

Excelsior 
storage of, forbidden 107 226 

False Swearing 
deemed perjury 140 263 

Families 
number of, to be registered in health 

department 148 276 

Feathers 
storage of, forbidden 107 226 

Federal Government Standards 
relation of rear yard to height of build- 
ings 25 115, 116 

Feed 
storage of, forbidden 107 226 

Filing 

of agent's name for service of process 149 • 277 

of certified copy of judgment 146 275 

of lis pendens 147 275 

397 



INDEX 

SECTION PAGE 

Filing (Continued) 

of names and addressses of owner and 
lessee, number of apartments, num- 
ber of rooms in each apartment and 
number of -families 148 276 

of plans, specifications, plat of lot, 

statement of ownership, etc 140 263 

Filth 
accumulations of, forbidden 10 1 220 

Fines 

for violation of act 143 269 

lien upon property 143 269 

Fire 

dwellings damaged by 6 62 

means of egress in case of. . . 51,52,53,80,81,115 179,184,187,206, 

127, 128, 129 207,239,258,260 
space around plumbing pipes to be 

made air-tight to prevent spread of ....... 49, 78 1 73, 205 

Fire Commissioner 

permit required for storage of com- 
bustible materials 107 226 

Fire-escape 
balconies, covers over openings in, 

prohibited 52, 80 184, 206 

balconies, lowest, to have drop-ladder 

or stairs 52, 80, 127 184,206, 258 

balconies on top floor to be provided 

with stairs or ladder to roof 52, 80 184, 206 

balconies, openings for stairways in . . . 52, 80, 127 184, 206, 258 

balconies, width of 52, 8c, 127 184, 206, 258 

balcony, second means of egress 5 1. 1-27 179, 258 

stairways 52, 53, 80, 81, 127, 129 184, 187, 206, 207, 

258,260 

Fire-escapes 52, 80, 1 14 184, 206, 239 

existing, not to be extended or relo- 
cated except on approval of superin- 
tendent of buildings ' 127 258 

existing, to be made to conform to cer- 
tain requirements 127 258 

existing, to have safe means of egress 
from yard or court to street, alley, 

or adjoining premises 127 258 

in courts forbidden 52, 80 184, 206 

incumbrance of 1 14 239 

located on each story 52, 80 184, 206 

may project beyond building line 52, 80 184, 206 

must be constructed to sustain safe 

load 52, 80 184, 206 

obstruction of access to, forbidden .... 52, 80, 127 184, 206, 258 

outside open, of iron, stone or concrete 

required ....." 52, 80, 127 184, 206, 258 

outside stairs in lieu of 52, 80 184, 206 

painting of 52, 80, 1 14 184, 206, 239 

398 



INDEX 

SECTION PAGE 

Fire-escapes (Continued) 

superintendent of buildings shall re- 
quire proper, in case of existing mul- 
tiple-dwellings 127 258 

supplementary regulations of superin- 
tendent of buildings to govern con- 
struction of 52, 80 184, 206 

to be kept in good repair. . . 114 239 

Fire Hazard 

and high pressure service 21 79 

high buildings 21 78, 79 

Fire Limits 
construction of words 2 (20) 53 

Fire Marshal 
to enforce certain provisions 107, i 53 226, 280 

Fire Prevention 

municipal authorities may enact sup- 
plementary ordinances relati\e to 7 62 

Fireproof 
See Fire-resistive 

Fire Protection 50-62 178-196 

joint conference on fire tests 2 (20) 54, 36 

Fire-resistive 
doors to elevator shaft and dumb- 
waiters 58, 84 193, 207 

dwelling, definition 2(17) 51 

dwellings, when required ?o. 79 178. 206 

enclosure of stair halls 56 190 

scuttles or bulkheads in roof 53. 82, 129 187, 207, 260 

self-closing doors in halls 56 190 

shafts for ele\ ators and dumb-waiters 58, 84 193, 207 

stair halls 55 189 

FiRE-RESISTIVE DWELLING 2(17) 5 I 

definition of 2(17) 51 

when required 50 1 78 

FiRE-RESISTIVE DWELLINGS 79 206 

FiRE-RESISTIVE MATERIAL 

definition of 2 (20) 54, 56 

Fire Tower 
second means of egress 5i, 127 179, 258 

Fire Underwriters' Building Code 2 (17) 52 

Flats 

included i Class A multiple-dwellings 2 (3) 34 

Floor 

area of rooms 33. 74 136, 202 

basement and cellar, to be water-tight. .44, 125 162, 257 

beneath and around water-closets and 

sinks to be kept in good order and 

painted 96, 122, 123 215, 245, 246 

399 



INDEX 

SECTION PAGE 

Floor (Continued) 

butler's pantry 122 246 

entrance, air-space under, to be en- 
closed 44 1 62 

entrance, depth of excavation under 44 162 

entrance, elevation of, above ground 44 162 

lowest, damp-proofing and water- 
proofing of .44, 125 162, 257 

to be kept clean 10 1 220 

water on each 98 217 

water-closet compartment, to be 

water-proof 47, 78, 124 166, 205, 246 

Floors, Stair Hall 
See Halls, Stair 

Flush Tanks 
to be provided for new water-closets 124 246 

Foundation Walls 
damp-proofing and water-proofing of 44, 125 162, 257 

Frame 
See Wooden 

Front 

buildings and rear, space between 29 

line uniformity, and set-backs 21 

Front of Lot 
definition 2 (9) 

Front; Rear; and Depth of Lot 2 (9) 

Front Yards 
See Yards ■ 

Frontage on Street 29 

Furnished-room Houses 
included in Class B multiple-dwellings 2 (3) 

Garages 

and rear yard requirements 23 

permitted at rear of lot • 29, 30 

public prohibited 30 

relation to rear dwelling prohibition 29 

Garbage 

accumulations of, forbidden 10 1 

receptacles for 105 

Geese 

keeping of, in dwellings or on premises 

of multiple-dwellings prohibited io5 

General Provisions i- 12 

General Toilet Room 

separate water-closet compartments in . . 37, 76, 78 

supplemental to required water-closets 

not prohibited 47, 78, 92 

Goat 

keeping of, in dwellings or on premises 

of multiple-dwellings prohibited loj 

400 





125 

77,82 




43 




43 




127-130 




35 


125, 


92 
, 126, 130 




130 




129 




220 




223 




225 




27-68 


147. 


204, 205 


166, 


205, 21 1 



INDEX 

SECTION PAGE 

Governor 

may request State Board of Health to 
examine into and report on enforce- 
•ment of act lo 67 

Grading 

of areas, courts and x'ards 4S 164 

Great Britain 

height limitation in England 21 80 

lighting and ventilation practice in 337 

Group Houses 24 109 

Gymnasiums 

windows in rooms used for 31 132 

Habitation 

basement rooms occupied for li\ing 

purposes to be fit for human 43. 94 161,213 

dwellings unfit for human, to be va- 
cated 112 234 

new and converted dwellings occupied 
without certificate of compliance 
deemed unfit for 141, 142 266, 268 

Hall, Prescott F 62 197 

Halls 

additional, to be constructed in accor- 
dance with provisions of Article 1! 74 202 

entrance 54. 57 '89, 193 

entrance, access from, to street or alley 

through yard 57 193 

entrance, construction of 54. 57 189, 193 

entrance, width of 57 189 

public, and stairs 54. 83 189, 207 

public, construction of 57, 74, 83 189, 202, 207 

public, definition 2(10) 45 

public, lighting and \entilation of 

38,75,90,91,121 152,202,210,244 
public, second means of egress must be 

directly accessible to 51.127 179,258 

public, size of windows in 39. 75 • 56, 202 

public, skylights in 39, 77, 12 1 1 56, 204, 244 

public, transom, windows or doors to, 
from paint, oil, drug and liquor 

stores forbidden 108 227 

public, width of 54, 57, 83 189, 193, 207 

recessed, deemed separate hall 38 152 

stair, construction of 54, 55. 57. 74, 83 189, 193, 202, 207 

stair, definition 2(11) 45 

stair, fire-resisti\e 55 189 

stair, fire-resistive enclosure of r ... 56 iqo 

stair, fire-resistive self-closing doors in 56 190 

stair, lighting and ventilation of .40, 75, 90, 91, 121 1 57, 202, 210, 245 

stair, size of windows 40, 75 157, 202 

stair, transoms in, forbidden 56 190 

stair, width of 54, 57, 83 189, 193, 207 

to be kept clean 101 220 

26 401 



INDEX 

SECTION PAGE 

Hay 

storage of, forbidden 107 226 

Health 

storage of articles dangerous to, for- 
bidden 107 226 

things dangerous or detrimental to 1 12 234 

Health Department 

construction of words 2 (20) 53 

versus Rector 98 218 

Health Department or Officer 

actions of, to be regarded as judicial 144 271 

additional powers conferred on, by act 154 282 

approval of changes in plans by 140 263 

costs, expenses or disbursements of, in 

removal of nuisance to be paid by 

owner or person violating act, order 

or notice 143 269 

definition 53 

dwellings to be cleaned to satisfaction 

of 10 1 220 

examination and approval of plans and 

specifications by 140 263 

filing of lis pendens by 147 . 275 

filing of plans, specifications and state- 
ments for construction, alteration or 

conversion of dwellings in 140 263 

injunction against, not to be granted 

except upon three days' notice 157 284 

inspection of dwellings by 155 282 

may fix time for compliance with act 11 67 

may institute proceedings 144 271 

may order and make repairs 113 236 

may order cutting in of windows and 

skylights or other improvements 121 244 

may order dwellings to be vacated and 

may revoke same or extend time for 

vacation 112 234 

may require all-night lighting of public 

halls 91 210 

may require artificial day lighting of 

public halls 91 210 

may require concreting of courts, 

areas and yards • • -45 164 

may require janitor, housekeeper, or 

other responsible person to live in 

multiple-dwelling 109 228 

may require kalsomining or painting of 

walls and ceilings of interior rooms 103 222 

may require open plurribing in new 

dwellings 49 '73 

may require plastering of cellar ceilings 125 257 

may require renewal of paint or white- 
wash on cellar walls and ceilings 95 215 

may require renewal of paint or white- 
wash on walls of court 102 221 

402 



INDEX 

SECTION PAGE 

Health Department or Officer 
(Continued) 

may vacate infected or uninhabitable 
dwellings 112 234 

may vacate unlawful dwellings 4, 142 60, 268 

not required to give undertaking 157 284 

not to be liable for costs in actions 

brought under the act 144 27 1 

penalty for violation of order or notice 
of 143 269 

powers conferred by act on, additional 1 54 282 

preliminary injunction against 157 284 

privy vaults, school-sinks and water- 
closets to be removed and place dis- 
infected under direction of health 
officer 1 24 246 

registry of agent's name in 149 277 

registry of owner's name and descrip- 
tion of property in 148 276 

revocation of approval or permit by 140 263 

right of entry gi\en 1 56 283 

service of notices and orders of 150 278 

service of summons in actions brought 

by 151 278 

shall enforce provisions of act 153 279 

shall file certified copy of judgment in 

office of county clerk 146 275 

shall index names and addresses filed 152 279 

to appro\e plans and specifications for 
construction, alteration or conver- 
sion of dwellings 140 263 

to determine number of catch-basins 100 219 

to determine practicability of sewer 

and water connections 9 65 

to determine size, number, construc- 
tion and maintenance of cisterns and 
wells 99 219 

to determine size of skylights 77 204 

to enforce act 153 279 

to grant certificate of compliance 141 266 

to prescribe conditions under which 
certain animals may be kept on 
premises with dwelling 106 225 

when, may make repairs 113 236 

written consent of, to be obtained be- 
fore letting lodgings 1 1 1 230 

written permit of, necessary for con- 
struction or maintenance of water- 
closets in cellar 47, 92 166, 211 

written permit of, necessary for occu- 
pation of basement rooms for living 
purposes 94 213 

Health Officer 

construction of words 2 (20) 53 

discretion of, as to lodgers, roomers 

and boarders in 



230 



403 



INDEX 

SECTION PAGE 

Health Officer (Continued) 

party to easement agreement 24 95, 104 

See also Health Department 

Height 2 (14), 21,71 49, 75, 200 

definition 2 (14) 49 

high buildings, shadows cast by 21 80, 81 

limitation, and zoning laws 21 77» 78 

of apartment houses limited 21, 23 77. 78, 93, 94 

of basement rooms 44, 94 1 62, 2 1 3 

of courts 25 113 

of dwellings in Chicago 50 179 

of dwellings proportionate to width of 

street 21,71 75, 200 

of rooms 34, 74 1 39, • 4 ^ 202 

Height of Buildings 
commission's report 21 78, 79 

High Buildings 
and fire hazard 21 78, 79 

High Rooms 
advantages of 34 139 

Hinged Sash 2(12) 46 

Hooks 
movable, allowed on scuttles and bulk- 
heads 129 260 

Hopper Closets 

long, prohibited 49,78,124 173,205,246 

Horse 

not to be kept on premises except 
under conditions prescribed by 
health officer 106 225 

Hospitals 
included in Class B multiple-dwellings 2 (3) 34 

Hotel 2 (4) 36 

definition 2 (4) 36 

Hotels 

and side yard requirements 24 108 

exempted from rear yard provisions •. .22 83 

included in Class B multiple-dwellings 2 (3) 34 

in residence districts 24 109 

inside bath rooms in 37 148, 149, i $0 

relation of Zoning Act to 21 76 

ventilation and lighting of public 

halls 37. 38, 39 1 50-1 56 

House 

construction of word 2 (20) 53 

Ho4JSE Drains 

tile or earthenware, prohibited 49' 78 •73» 205 

Housekeeper 
when necessary 109 228 

404 



INDEX 

SECTION PAGE 

Houses 
continuous rows or terraces of, on 

different size lots 294, 302, 303, 304, 

305, 328-334 

detached, on different size lots 294-302, 305-327 

double 2 32 

semi-detached 2 32 

two main groups 294 

Housing 

methods for providing good 6, 7 

Housing Hvils 

extent of 16 

legislation effective remedy for 3,6, 7 

present 5 

Housing Law 

an ideal 337, 338 

difference between, and tenement 

house law 14, 1 5, 16 

difficulty of preparing 20 

effort to secure model tenement house 

law instead of, sometimes wise 23 

ideal 337-338 

ideal, consideration of 23 

inadequacy of short 21 

model, adaptation to local conditions 21 

model, application of 27 

model, arguments against 293 

model, caution to those using 23, 24 

model, changes in, generally disastrous 23, 24 

model, changes in, necessary to pro- 
hibit courts and shafts 338, 339 

model, classification of provisions of 21 

model, effect of on building operations 293 

model, enacting clause . .• 27 

model, explanation of notes, diagrams, 

concessions, and variations in 22, 23 

model, how to use 19-24 

model, importance of following strictly 22, 23, 24 

model, no modification of 7 62 

model, practicability of 293 

model, purpose of 19, 20 

model, scope of 12 14, 1 5, 16, 20, 68 

model, title of 27 

Housing Laws 1 1-16 

basis for, in United States ' 19 

local variations in 19, 20 

Housing Legislation 

aim of housing reformer 14, 1 5, 16 

Housing Problem 

conditions constituting 4, 5 

many sided 4^ 7 

405 



INDEX 

SECTION 

Housing Problem (Continued) 

report of Mayor of Boston 62 197 

solution of, dependent on conception 

of housing reform 3 

types of buildings included in 13, 14, i 5, 16 

Housing Problems in America 62 197, 233 

(National Housing Association Publications) 

Housing Reform 

incentive to take up 

results test of methods in 

through attractive houses 

building code 

cheap houses 

development of Garden Cities 

education 

example 

intelligent city planning 

legislation 

more houses 

rapid transit 

stimulation of country life 

tenement house legislation 

wise management 

Housing Reform. By Lawrence Veiller 

Housing Reform through Legislation 

How TO Use the Model Law 

Human Habitation 
See Habitation 



Ideal Housing Law, An 337-339 

Imprisonment 
for violation of act 143 269 

Improvements 

compulsory 120-129 240-260 

health department may order and make. 113, 121 236,244 

Incumbrance 

of fire-escapes 114 239 

scuttles, bulkheads, ladders and stairs 

to be kept free from 1 1 5, 129 239, 260 

Indexing Names 1 52 279 

Infected and Uninhabitable Dwell- 
ings TO be Vacated 112 234 

Infected Houses 

proceedings for vacation of 112 234 

Influenza 
its relation to lodger evil in 23 1 

Injunction; Undertaking 1 57 284 

406 



I I, 12 


-7,11-16 


3.4,5 
12, 13, 14 


55,62 


3-7 


19-24 



INDEX 

SECTION PAGE 

Inner Courts 21 82 

See also Courts 

Inside Bath Rooms for Apartment Houses. .37 150, 151 

Inside Bath Rooms Prohibited 
discussion of 37 147, 148, 149, 150 

Inside Stairs 
See Stairs 

Inspection of Dwellings 155 282 

Inspector of Buildings 

construction of words 2 (20) 53 

existing fire-escapes not to be extended 

or relocated except on approval of 127 258 

may require hinged scuttles 129 261 

powers conferred by act on, additional 1 54 282 

prohibited from issuing permit 140 264 

shall order such additional means of 

egress as may be necessary 128 261 

shall require proper means of egress in 

case of existing multiple-dwellings 127 258 

supplementary regulations of, to gov- 
ern construction of fire-escapes 52, 80 184, 206 

to enforce certain provisions of act 153 279 

Intakes 
See Air-intakes 

Interior Lot 

definition 2 (8) 43 

See also Lot 

Interior Rooms 
See Rooms 

Jails 

included in Class B multiple-dwellings 2 (3) 35 

size of cells in 33 1 36, 1 37, 1 38 

Janitor or Housekeeper 109 228 

Joint Conference on Fire Tests 2 (20) 54, 56 

Judgment 

copy of, to be filed in County Clerk's 

oflfice 146 275 

tcT establish penalty as lien 146 275 

Judicial 

actions of health officer to be regarded 

as 144 271 

Junk 

storage and handling of, forbidden 106 225 

Kalsomining 
of walls and ceilings 103 222 

407 



INDEX 

SECTION PAGE 

Key-locks 
to be removed from roof bulkheads 

and scuttles 129 261 

Kitchenette Apartments 

included in Class A multiple-dwellings 2 (3) 34 

social disd vantage of 33 138 

unsuitable for children 33 138 

Kitchenettes 
size of 33 1 36, 1 37, 1 38 

Ladders 

leading to roof bulkheads or scuttle. . 53, 81, 1 15, 187, 207, 239, 260 

129 
to scuttle or bulkheads to be easily 

accessible to all occupants 115, 129 239, 261 

to scuttle or bulkhead to be kept free 
from incumbrance 115, 129 239, 261 

Lake 
definition 2 (21) 57 

Law of "Ancient Lights" 

height limitation in England .....21 80 

Laws 

See A.ct; English Law; Housing Law; 
Tenement House Law 

Laws Based on Model Law vi 

Laws Existing 
dwellings to conform with 8 65 

Laws Repealed 1 58 285 

Leaders 
rain, necessary 97 216 

Leaky Roofs 97 216 

Lease 

cancellation of tenant's for non-com- 
pliance with regulation 1 1 1 230, 23 1 

Legal Decisions 

Health Department vs. Rector 98 218 

Tenement House Department vs. Moeschen. . 124 248 

Legal Provisions. 140-159 262-289 

Legislation 

enforcement of .^ 6 

housing reform through .' 3-7, 1 1-16 

kind of, required for housing reform 1 1-16 

See also Housing Law; Tenement 
House Law 

Lessee 
may file agent's name for service of 

process 149 277 

of whole house to register name and 

address 148 276 

408 



INDEX 

SECTION PAGE 

Lien 
fine for violation of act or order of 

health officer, upon property 143 269 

Liens 146 275 

Life 

storage of articles dangerous to, for- 
bidden 107 226 

Light 

and height limitation 21 80, 81 

and \entilation 20-41 71-1 58 

municipal authorities may enact sup- 
plementary ordinances relative to 7 63 

Lighting 

ideal, of dwellings 337, 338 

night, of halls and stairs 91 210 

night, of water-closet compartments 47. 78 166, 205 

of alcoves and alcove rooms 35. 75.76 141, 202, 204 

of basements 43, 44, 94 161, 162, 213 

of bath rooms 37. 76 147, 204 

of cellars 44. 125 162, 257 

of halls and stairs by day 90 210 

of interior rooms 120 240 

of public halls 38, 75, 90, 91, 121 1 52, 202, 210, 244 

of rooms 31, 32, 35, 75, 76, 120 132, 135, 141, 202, 

204, 240 

of stair halls 40, 75, 90, 91, 121 1 57, 202, 210, 244 

of water-closet compartments. . 37, 47, 76, 78, 124 147, 166,204,205, 

246 
walls and ceilings to be kalsomined 
• or painted white if necessary to im- 
prove 1 03 222 

Liquor Stores 
doors, windows or transoms to halls 

of dwellings forbidden 108 227 

Lis Pendens 147 275 

Living Rooms 

access to 36 145 

in basement, conditions of occupancy 43, 94 161, 213 

in cellar, prohibited 42,94 161,213 

Locking 
of scuttle or bulkhead door forbidden ....115, 129 239, 261 

Locks 

key, to be remoxed from scuttles and 
bulkheads 129 261 

Lodger Evil 
difficulty of coping with 1 1 1 23 1, 232 

Lodgers Prohibited 111 230 

Lodging Houses 
included in Class B multiple-dwellings 2 (3) 34 

409 



INDEX 

SECTION PAGE 

Lodgings 

letting of, in dwellings without consent 

of health officer prohibited 1 1 1 230 

occupant responsible for compliance 

with provisions relating to 1 1 1 230 

owner responsible for compliance with 

provisions relating to 1 1 1 230 

Lot 

building on same, with dwelling 29 125 

construction of word 2 (20) 53 

corner, definition 2 (8) 43 

definition 2 30 

front, rear and depth of, definition 2(9) 43 

method of placing houses on . .24 99 

percentage of, permitted to be occupied 20, 70 71, 200, 295 

plat of, to be submitted with plans and 

specifications, for approval of health 

officer 140 263 

Lots 

corner and interior, definition 2 (8) 43 

different size, development of each 

kind of building on 293-334 

shallow, required for ideal lighting and 

ventilation conditions 99. 337» 338 

Maintenance . . 90-1 15 210-239 

municipal authorities may enact sup- 
plementary ordinances relative to 7 62 

unlawful, procedure to prevent 144 271 

Mandatory Provision of Act 2(20) .53 

Mayor 

construction of word 2 (20) 53, 54 

to designate official for enforcement 153 280 

Means of Egress 51 179 

See also Egress 

Menace of the "Three-decker" 62 196, 197 

Methods 

results test of, in housing reform 7 

Minimum Requirements; Law not to 

BE Modified 7 62 

Misdemeanor 

violation of act is a 143 269 

Mixed Occupancy 2 (5) 37 

definition 2(5) 37 

Model Housing Law 
See Housing Law, Model 

Model Tenement House Law, A. By 

Lawrence Veiller 19 

See also Tenement House Law, Model 

410 



INDEX 

SECTION PAGE 

Modification 
of law forbidden 7 • 62 

MoESCHEN Case 124 248 

Mules 

keeping of, prohibited 106 225 

Multiple-dwellings 

alteration or conxersion of wooden 

buildings to, prohibited 62 196 

Class A, definition '. 2 (3) 34 

Class B, definition 2 (3) 34-3 5 

classes of 2 (3) 34 

construction of word 2 (20) 53 

definition 2 (2) 32 

different provisions for Classes A and B . . .2 (3) 36 
enlargement of existing, except for 
water-closets or bath rooms, pro- 
hibited 85 207 

erection of wooden, prohibited 62 196 

existing wooden buildings on same lot 
with, within fire limits, not to be en- 
larged 86 208 

wooden buildings not to be placed on 

same lot with, within fire limits 86 208 

Municipal Authorities 

action of, not to modify, repeal, 
amend, or dispense with any pro- 
vision of act 7 . 62 

may make and enforce supplementary 

provisions to act 7 62 



Name 

of agent may be registered 149 277 

of lessee of whole house to be registered 148 276 

of owner to be registered 148 276 

Names 

indexing, and addresses 1 52 279 

National Board of Fire Under- 
writers 2 (17) 52 

National Fire Protection Associa- 
tion 2(17) 52 

National Housing Association Pub- 
lications 62 197 

New Courts in Existing Dwellings 73 201 

New Dwellings 

occupation of, without certificate of 

compliance unlawful 141, 142 266, 268 

occupied without certificate of com- 
pliance to be vacated 142 268 

permit necessary 140 263 

provisions relating to 20-62 71-196 

411 



INDEX 

SECTION PAGE 

New England 

"three-deckers" in 62 196, 197 

New York" 

definition of tenement house in 13 

Night-lighting 

of halls and stairs 91 210 

of water-closet compartments 47, 78 166, 205 

Notes 

explanation of, in model housing law 22 

Notices 

service of 150 278 

Nuisance 2 (19) 53 

abatement of, procedure for 112, 1 13, 144 2.34, 236, 271 

definition 2 (19) 53 

from water to adjacent buildings 97 216 

smoke, in cities 20 71 

Occupancy 

change in 4 60 

change in, of dwellings erected subse- 
quent to act, in violation thereof, 
forbidden 4 60 

mixed, definition 2 (5) 37 

municipal authorities may enact sup- 
plementary ordinances relative to 7 62 

partial, permits for 141 267 

Occupant 

responsible for compliance with pro- 
visions relating to lodgers 1 1 1 230 

to keep dwellings clean 10 1 220 

to provide receptacles for garbage, 

ashes, rubbish and refuse 105 223 

Occupants 

duties, as to cleanliness of dwellings loi 220 

scuttles, bulkheads, ladders and stairs 

to be easily accessible to 1 1 5, 129 239, 260 

Occupation 

of basement rooms for living purposes 43, 94 161, 213 

of cellar rooms for living purposes pro- 
hibited 42, 94 161,213 

of interior rooms 120 240 

of new or converted dwelling without 

certificate of compliance unlawful 141, 142 266, 268 

percentage of lot allowed for 20, 70 71, 200, 295 

unlawful, procedure to prevent 144 271 

Occupied 

construction of word .». 2 (20) 53 

Occupied Spaces 2 (16) 50 

definition 2 (16) 50 

Open Plumbing 

required 49, 78 1 73> 205 

412 



INDEX 

SECTION PAGE 

Open Space 

between buildings on same lot 29 125 

table showing, requirements 295 

"Open" Stairs 56 191 

Operations 

building, effect of act on 293 

Orders 

service of 150 278 

Ordinances 

construction of word 2 (20) 53 

inconsistent with act repealed 1 58 285 

local, conflict with 7 63, 65 

not to modify minimum requirements 

of act 7 62 

Outdoor Water-closets 

prohibited 47, 78, 124 166, 205, 246 

Outer Court 

See Court 

Outside Porches. . . 41 158 

See Porches, Outside 
Outside Stairs 

in lieu of fire-escapes 52, 80 184, 206 

second means of egress 5 ' > ' 27 1 79, 2 58 

Outskirts of Cities 

application of law to i 29 

Overcrowding 1 10 229 

and contact diseases 1 1 1 231 

Owner 

may file agent's name for service of 

process 149 277 

registry of name of 148 276 

responsible for compliance with pro- 
visions relating to lodgers i i i 230 

to file plans for new buildings or al- 
terations 140 263 

to keep dwellings clean loi 220 

to paint or whitewash walls of courts 102 22 1 

to pay costs in removal of nuisance 143 269 

to provide receptacles for garbage, 
ashes, rubbish and refuse 105 223 

Ownership 

statement of, names of interested 
parties and residences to be filed 
with plans 140 263 

Painting 

of cellar walls and ceilings 95 215 

of fire-escapes 52, 80, i 14 184, 206, 239 

of surfaces beneath and around water- 
closets and sinks 96, 122, 123 2 1 5, 245, 246 

of walls and ceilings 103 222 

of walls of courts 102 221 



INDEX 

. section page 

Paint Stores 
doors, windows or transoms to halls 

of dwellings from, forbidden io8 227 

Pan Closets 
prohibited 49, 78, 124 1 73, 205 ,246 

Paper 

See IVall Paper 

Paper Stock 

storage of, forbidden 107 226 

Park 
definition 2 (2 1 ) 57 

Part Story 
definition. 2 (13) 46 

Partitions 
for water-closet compartments 47, 78, 124 166, 205, 246 

Passages 

to be kept clean loi 220 

Passageways 
for inner courts 24,27, 73 109, 121,201 

Penalties for Violations 143 269 

Penalty 
judgment to establish, as lien 146 275 

Pending Suit 
notice of 147 275 

Percentage of Lot Occupied 20, 70 71, 200, 295, 296 

Perjury 
false swearing deemed 140 263 

Permit 
cancellation of, for alterations and 

construction 140 263 

expiration by limitation of, for altera- 
tions and construction 140 263 

for lodgers, roomers and boarders 1 1 1 230 

for occupation of basement rooms 94 213 

for partial occupancy 141 267 

for storage of combustible materials 107 226 

to commence new buildings or make 

alterations 140 263 

" Philadelphia Row" House 24 109 

Pipes 
space around plumbing, to be air- 
tight 49,78 173.205 

Pivoted Sash 2 (12) 46 

Planning Sunlight Cities 21 80 

Plans 
alterations and construction must be 

in accordance with approved 140 263 

414 



INDEX 

SECTION 

Plans (Continued) 

alterations before appro\al of plans 

forbidden 140 

certificate of appro\al of, to be issued 140 

changes in, to be appro\ed by health 

department 140 

may be amended 140 

not to be removed from health de- 
partment 140 

plat of lot to be filed with 140 

showing practicability of act 

to be examined 140 

to be filed by owner, agent or architect 140 

to be public records 140 

to conform to acts and ordinances 140 

Plastering 
of cellar ceiling 125 

Plumbing 49 

fixtures, enclosure of, prohibited 49, 78 

fixtures to be trapped 49, 78, 124- 

open, required 49, 78 

pipes, space around, to be made air- 
tight 49,78 

pipes to be exposed 49. 78 

sanitary, required 49, 78, 124 

system to be connected with public 
sewer and city water supply before 
occupation 48 

to be in accordance with plumbing 

regulations 49, 78, 1 24 

Plunger Closets 

prohibited 49, 78, 1 24 

Police Power 
welfare clause of 24 in 

Porches 

outside, definition 41 158 

outside, diminishing light and ventila- 
tion, prohibited 41 i 58, i 59 

Posting 
of notices, orders or summons, and 

mailing copy thereof, lawful service. . . i 50, i 5 i 278 

Powers Conferred 1 54 282 

Practicability 
of model housing law 293 

Premises 
construction of word 2 (20) 53 

Privacy 36 145 

Private Dwelling. 
definition 2 (2) 32 







263 
263 






263 
263 




293 


263 
263 
-334 
263 
263 
263 
263 

237 


'73. 


'73 
,205 

'73 


'73 
,205 
, 246 
,205 


•73. 


'73 

'73 

,205 


,205 
,205 
,246 

172 


'73. 


,205 


,246 


'73. 


,205 


, 246 



INDEX 

SECTION 

Privies 

to be kept clean loi 

Privy Vaults 

prohibited 48, 124 

substitution of water-closets for 124 

temporary use of 9 

Privy Vaults, School Sinks and 

Water-closets 124 

Procedure 144 

Proceedings 

costs of 143, 144 

for removal of nuisances 112, 113, 144 

for vacation of infected and uninhabit- 
able houses 1 12, 1 13 

to prevent conduct of unlawful busi- 
nesses 144 

Process 
filing of agent's name for service of 149 

Prohibited Uses 106 

Property Divisions 
changes in, necessary for ideal light- 
ing and ventilation of dwellings 

Provisions 

applicable to alteration of dwellings 70-86 

applicable to new dwellings 20-62 

enforcement of, of act 153 

fire protection 50-62 

for multiple-dwellings of Classes A and B. . .2 (3) 

general 1-12 

improvement 120-129 

legal 140-1 59 

light and ventilation 20-4 1 

maintenance 90-1 1 5 

not to be modified 7 

of act, to govern in all cases 1 58 

of other acts repealed 158 

sanitary 42, 49 

windows 2 (12) 

Public Hall 2 (10) 

definition 2(10) 

Public Halls .38 

lighting 90, 9 1 

See also Halls, Public 

Public Halls and Stairs 

lighting and ventilation of 38, 39, 121 

Public Records 

indexes of names and addresses to be i 52 

plans and specifications to be 140 

Pumps 
and tanks to be provided .,^ 98 

416 



172, 246, 247 

246 

65,66 

246 

271 

269,271 
234, 236, 271 

234.236 

271 

277 
225 



337.338 

200-208 

71-196 

279 

178-196 

36 

27-68 

240-260 

263-286 

71-158 

210-239 

62 

285 

285 

161-173 

46 

45 
45 

152 
210 



152-156,244 



279 
263 



H^ 





57 




216 




57 


125 


127 




43 


91 


295 



INDEX 

SECTION PAGE 

Punishment 
for \iolation of act 143 269 

Purpose 
of model housing law 19, 20 

Rags 
storage and handling of, forbidden 106, 107 225, 226 

Railroad Right of Way 2 (21) 

Rain Leaders 97 

Ravine 

definition 2 (21) 

Rear 
buildings and front, space between 29 

Rear of Lot 
definition 2 (9) 

Rear Yards 

table showing depths required 23 

See also Yards 

Receptacles for Ashes, Garbage and 

Rubbish 105 223 

Recessed Hall 
deemed separate hall 38 132 

Records 

public, plans to be 140 263 

public, indexes of names and ad- 
dresses to be 152 279 

to be kept by enforcing oflfkial 153 280 

Reform, Housing 
See Housing Reform 

Refuse 

receptacles for 105 223 

Registry 
of names and addresses of agent, 
owner and lessee, number of apart- 
ments, number of rooms in each 

apartment and number of families. . . .148, 149 276,277 

Regulations 

construction of word 2 (20) 53 

for lodgers, roomers and boarders 1 1 1 230-234 

local, not to modify minimum re- 
quirements of act 7 62 

plumbing 49, 78, 124 173, 205, 246 

Remedies 140-1 59 263-286 

Removal of Dwelling 
places it under pro\isions of act re- 
lating to new dwellings 5 61 

Rent 
not reco\erable when newor conxerted 

dwellings are occupied unlawfully 142 268 

27 417 



INDEX 

SECTION 

Repair 
fire-escapes to be kept in good 1 14 

Repairs 97 

to buildings, etc 113 

when, may be made by health officer 113 

Repeal 158 

of minimum requirements of law for- 
bidden 7 

Report of Height of Buildings Commission . .21 

Requirements 

and remedies 140-1 59 

provisions of act, minimum 7 

Residence Districts 

exceptions permitted in 29 

hotels in 24 

how abolished 

how established 

restrictions governing 

Responsibility 
tenant's 145 

Results 
in housing reform, test of methods 

Right of Entry 156 

Right of Way 
railroad 2 (21) 

Risers, Stair 

See Stairs, Construction of 

RiVER 

definition . _ 2 (2 1 ) 

Roof Bulkheads 
See Bulkheads 

Roof Egress 
See Egress, Roof 

Roof Egress; Scuttles and Bulk- 
heads 53 

Roof Egress; Scuttles, Bulkheads, 
Ladders and Stairs 129 

Roof Stai rs 81 

Roofs 

to be kept clean 10 1 

to be kept in good repair and not to 

leak 97 

Roomers 

embracing lodgers and boarders 3 

regulation of 111 

taking of, effect on classification of 

dwelling 3 

418 



239 

216 
236 
236 

285 

62 

78,79 

263-286 
62 

376 
125 
109 
376 
376 
376 

274 

7 
283 

57 



57 



= '87 

260 
207 

220 
216 

57 
230-234 

57 



INDEX 

SECTION FACE 

Room Ovhrcrowding 
and contact diseases 1 1 1 231 

Rooms 
additional, to be constructed in accor- 
dance with provisions of Article II 74 202 

air space required in 110 229 

alco\e, lighting and \eniilalion of 35, 75, 76 141, 202, 204 

basement. See Bawmoil 
cellar. See Cellar 

height of ^4. 74 '39. 202 

interior, lighting and ventilation of 120 240 

interior, location of windows in 120 240 

interior, occupation of 120 240 

interior, skylights for 120 240 

lighting and ventilation of. . 51, 32, 35, 75, 76, 120 132, 135, 141, 202, 

204, 240 

minimum height of 34. 74 '39, 202 

minimum width of 33. 74 136, 202 

not to be overcrowded 110 229 

number of, in each apartment to be 

registered in health department 148 276 

size of 33. 74 1 36, 202 

subdivision of existing 76 204 

to be kept clean loi 220 

walls and ceilings of inner, to be kal- 
somined or painted white to improve 

lighting, if required by health officer 103 222 

windows in, location of 3 1 . 76 1 32, 204 

windows in, size of 32, 76 135, 204 

Rooms and Halls 
lighting and \entilation of 75 202 

Row Dwellings 
not prohibited 24 96 

Rubbish 

accumulation of, forbidden loi 220 

receptacles for 105 223 

Ruling 
of local authorities not to modify mini- 
mum requirements of act 7 62 

Sanitary Plumbing Required 49.78, 124 173,205,246 

Sanitation 42-49 161-173 

municipal authorities may enact sup- 
plementary ordinances relative to 7 62 

Sash 

casement 2 (12) 46 

hinged 2 (12) 46 

pivoted 2(12) 46 

storm. . . 2 (12) 46 

Sash Door 
equivalent of window 40 157 

419 



INDEX 

SECTION PAGE 

Sawyer Park 
group houses 24 109 

School-sinks 
substitution of water-closets for 124 246 

Scope 

of Act 1,12 27, 68 

of building code 11,12 

of model housing law 14, i 5, 16, 20 

Scuttles 

roof, access to, shall be direct 53> 129 187, 260 

fireproof 53, 82, 129 187, 207, 260 

hinged, may be required by super- 
intendent of buildings 129 260 

key-locks on, to be removed 129 260 

location of, in rooms forbidden 129 260 

locking of, forbidden 115, 129 239, 260 

movable bolts or hooks allowed on 129 260 

size of 53, 129 187, 260 

stair leading to 53» 81, 115, 129 187, 207, 239, 260 

to be easily accessible to all occu- 
pants 1 1 5, 129 239, 260 

to be kept free from incumbrance 115, 129 239, 260 

to be located in ceiling of public hall .... 53, 129 187, 260 

Scuttles, Bulkheads, Ladders and 

Stairs 115 239 

Semi-detached House '. . . .2 32 

Septic Tanks 9, 124 66, 247 

Service 
of notices, orders, and summons .... 143, 1 50, 1 5 1 269, 278 

of process, filing of agent's name for 149 277 

Set-backs 
uniformity of front line 21 77, 82 

Sewage 

provisions for disposal of 9, 48, 100, 124 66, 172, 219, 246 

Sewer 

catch-basins to be provided where 

there is no, system 100 219 

connection 48 1 72 

Sewer Connections 9 65,66 

and water supply 9 65 

practicability of, decided by health 

officer 9 65 

to be made within certain time limit 124 246 

where provisions of act relative to, 

apply 9 65 

Shadows Cast by Tall Buildings 21 80, 81 

Shafts 

access to bottom of 126 258 

and courts 126 258 

420 



1 



INDEX 

SECTION PA(.K 

Shafts (Continued) 

construction of 58, 84 193, 207 

doors at bottom of 126 258 

elimination of, by shallow lots 337, 338 

fireproof doors to 58, 84 193, 207 

fireproof, for dumb-waiters and ele- 
vators 58, 84 • K)3, 207 

self-closing doors to 58,84 193, 207 

Sheep 

keeping of, in dwelling or on premises 

of multiple-dwellings, prohibited 106 225 

Shipping Board Development 24 109 

Short Title and Application i 27 

Side Yards 24 94 

covering o\er on ground floor 24 no 

• Federal Government Standards 24 97, loi 

requirements for hotels 24 108 

table showing widths required 24 loi, 295 

See also )'ijrds 

Sink 

in each apartment, suite or group of 

rooms 46 1 66 

Sinks 122 245 

school 124 246 

school, substitution of water-closets for 124 246 

surfaces beneath and around, to be 

kept in good order and painted 96, 122 215,245 

wooden, prohibited 49, 78 173, 205 

woodwork under 96, 122 215,245 

Size 

of courts 25, 29, 73 113, 125, 201, 295 

of roof bulkheads and scuttles 53, 129 187, 260 

of rooms 33. 74 • 36, 202 

of skylights 77 204 

of water-closet compartments 47.78 166,205 

of windows 94 213 

See also IVindcncs 

of yards 22, 24, 29, 72 82, 94, 125,200,295 

Skylights 77 204 

health department may order cutting 

in of 121 244 

in interior rooms 120 240 

in public halls 39, 77, 121 156,204,244 

\entilating, may be used in water- 
closet compartments on top floor of 
existing dwellings 37' 78 '47. 205 

Smoke Nuisance 

in cities 20 71 

Solution of Housing Problem 

See Housing Problem; Housing Reform 

421 



INDEX 

section page 

Space 

around plumbing pipes to be air-tight 49, 78 173, 205 

between buildings 24,29 94, 125,295 

table showing open, requirement 295 

underneath sinks and water-closets to 

be kept open , • 122, 123 245, 246 

unoccupied, between buildings on 

same lot 29 125 

Space Between Adjacent Buildings 
See Side Yards 

Spaces 
occupied, definition 2 (16) 50 

Specifications 

approved, alterations and construction 

must be in accordance with 140 263 

may be amended 140 263 

not to be removed from health de- 
partment 140 263 

plat of lot, to be filed with plans and 140 263 

to be examined 140 263 

to be filed by owner, agent or architect 140 263 

to be public records 140 263 

to conform to acts and ordinances 140 263 

Square 2(21) 57 

Squash Courts 
windows in rooms used for 31 132 

Stable 

in dwelling, or on premises, prohibited. . . .30, 106 130,225 

on rear of lot permitted in certain cases 29, 30 125, 126, 130 

public, prohibited 30 130 

Stair Enclosures -. . . 56 190 

Stair Halls 2(11,55 " 45, 189 

See also Halls, Stair 

Stairs ' 

additional inside or outside, second 

means of egress 51,127 1 79, 2 58 

and public halls 54 189 

bulkheads to have, with guide or hand- 
rail . . : 129 260 

cellar, inside, prohibited 59 194 

closet under, to upper stories forbidden 60 1 96 

construction of • 54, 5 5 '89 

elevators in well-hole of, prohibited 58 193 

elevators separated from, by fire- 
resistive walls 58, 84 193, 207 

from entrance floor to roof 54 189 

leading to roof bulkhead or scuttle. 53, 54, 8 1 , 1 1 5, 187, 189 207, 239, 

129 260 

"open" 56 191 

outside, in lieu of fire-escapes 52, 80 184, 206 

roof, not to be removed or replaced 

with ladder 81 207 

422 



63 


6s 


285 




97 


101 
67 

67 



INDEX 

SECTION PAGB 

Stairs (Continued) 

scuttle or bulkhead, to be easily ac- 
cessible to all occupants 115. 12c) 2^9,260 

to be kept free from incumbrance 1 i s, i2() 2^c), 260 

to be kept clean ... 101 220 

winding, prohibited . 54 iS(> 

wooden hand-rails to 55 iSq 

St.mrways 8^ 207 

fire-escape 52, 53, 80, 81, 127, 12c) 184, 187, 206, 207, 

258,260 

Standards 

higher, to go\ern in conflicting laws 7, 138 

Standards of Federal Government 

as to side yards 24 

State Board of Health 10 

a request of governor shall examine 

into and report on enforcement of 

act 10 

may examine into enforcement of act 10 

States Having Housing Laws vi 

Statutes 
inconsistent with act repealed 1 58 285 

Storage 

and handling of rags and junk for- 
bidden 1 06 225 

of articles dangerous to life or health 

forbidden 107 226 

of combustible materials prohibited 107 226 

of cotton, excelsior, feathers, feed, hay, 
paper stock, rags and straw for- 
bidden 107 226 

Stores 

paint, oil, drug and liquor, doors, win- 
dows or transoms to halls of dwell- 
ings from, prohibited 108 227 

Storm Sash 2 (12) 46 

Straw 

storage of, forbidden 107 226 

Street 

construction of word 2 (2 i ) 56 

width of, to regulate height of dwelling 21,71 75, 200 

Studio Apartments 

included in Class .A multiple-dwellings 2 (3) 34 

Subdivision 
of existing rooms . 76 204 

Suit Pending 

notice of 147 275 

Summer Houses 29 127 

423 



INDEX 

SECTION PAGE 

Summons 

service of 151 278 

Sunlight 

and city planning 21 80 

relation to orientation 21 81, 82 

volume in rooms, in relation to height 

of windows 21 82 

Superintendent of Buildings 
See Inspector cf Buildings 

Supplementary Provisions 

municipal authorities empowered to 

enact and enforce certain ones 7 62 

Supreme Court 

injunction against health department 

granted only by 157 284 

Swan, Herbert S 21 80 

Swearing 

false, deemed perjury 140 263 

Swimming Pools 
windows in rooms containing 31 132 

Swine 

keeping of, in dwellings or on prem- 
ises of multiple-dwellings prohibited 106 225 

Tables Showing Open Space Require- 
ments 24 101,295 

Tables Showing Side Yard and Rear Yard. . . . 295 

Tanks 

and pumps to be provided 98 217 

See also Flush Tanks 

Taxpayer 

may bring action for enforcement of 

act 153 279 

Tenant 

eviction of, for non-compliance with 

act 1 1 1, 145 230, 274 

See also Occupant 

Tenant's Responsibility 145 274 

Tenement House 

definition 13 

Tenement House Law 

difference between, and building code 1 1, 12, 13 

difference between, and housing law 14, 1 5, 16 

effort to secure, instead of housing 

law sometimes wise 23 

scope of 12, 13, 14 

Tenement House Laws 1 1-16 

424 



INDEX 

section page 

Tenement House Rhform 
See Housing Reform 

Tenement Houses 

height of rooms in 34 141 

includotl in Class A multiple-dwelling 2 (?) 34 

wooden 62 I gO 

"Three-deckers" 

in Chicago and New England. . . 62 i()6, 107. it)S 

menace of 62 ic)6, iqy 

Through Ninth ation 31 1^2,1^4 

Tile 

house drains, prohibited 49. 7^^ 17^205 

Time 

for compliance 11 67 

when act takes effect 1 59 286 

Title 

of model housing law 27 

Toilet Room 

general, supplementary to required 

water-closets, not prohibited 47, 78, 92 

Tower 
fire, second means of egress 5', 127 

Town 

definition of 2 (20) 

Transoms 

for cross-ventilation 31 

in stair halls forbidden 56 

to halls of dwellings from paint, oil, 

drug and liquor stores forbidden 108 227 

Trapping 

of plumbing fixtures required 49, 78, 124 173, 205, 246 

Trays 47, 78 166, 205 

See Drip Trays 

Treads, Stair 

See Stairs, Construction of 

Tropical Countries 

increased ceiling height necessary in 34 139 

TuTTLE, George W 21 80 

Two-family Dwelling 

construction of words 2 (20) 53 

definition 2 (2) 32 

Types 
buildings included in housing problem . 13, 14, 1 5, 16 



Undertaking 

not necessary* for health department 

to give 157 2S4 



166, 


205, 


21 1 




>79. 


258 
54 




'32. 


134 
190 



4^3 



INDEX 

SECTION 

Uninhabitable Houses 

proceedings for vacation of 112 

United States 

basis for housing laws in 

United States Bureau of Standards 2 (20) 

Unlawful Businesses 
procedure to prevent conduct of 144 

Unlawful Occupation 142 

Use 

municipal authorities may enact sup- 
plementary ordinances relative to 7 

Used 

construction of word 2 (20) 

Uses 
prohibited 106 



234 

19 

54, 56 

271 
268 

62 

53 
225 



Vacation 

health department may extend time for. ...112 
of dwellings erected, altered or occu- 
pied contrary to law 4 

of dwellings unfit for human habitation 112 

of new and converted dwellings occu- 
pied without certificate of compliance. ... 142 
of premises, procedure for 1 12, 1 13, 144 

Validity of Law 1 59 

Variations 

explanation of, in model housing law 

local, in housing laws 

Vaults 

privy, prohibited 48, 124 

substitution of water-closets for 124 

temporary use of 9 

Veiller, Lawrence 

A Model Tenement House Law 

Housing Reform 

Ventilating Skylights 77 

in public halls 39-77, '21 

Ventilation 

and light 20-4 1 

artificial, inadequacy of 37 

cross 3 ' 

ideal, of dwellings 

municipal authorities may enact sup- 
plementary ordinances relative to 7 

of alcoves and alcove rooms 35, 75, 7^ 

of basement 43, 44, 94 

of bath rooms 37, 7^ 

of cellars 44, '25 

426 



234 





234 


234- 


268 
236,271 




286 




23 

19, 20 




172,246 

246 

65,66 




19 
55,62 


156, 


204 
204, 244 


148, 


71-158 
149, 150 
132, 134 

337. 338 


141, 

164, 


62 
202, 204 
166, 213 
147, 204 
162,257 







240 


152. 


202 


244 


^2, 135. 


14'. 


202, 




204 


240 


'57 


2()2 


244 




'47 


205 
158 
162 




'32 


'34 



INDEX 

SECTION 

Ventilation (Continued) 

of interior rooms 120 

of public halls 38, 75, 121 

of rooms 3 i, 32, 35, 75, 76, 120 

of stair halls 40, 75, 121 

of water-closet compartments, sky- 
lights permitted 37, 78 

outside porches diminishing, prohibited 41 

space under entrance floor 44 

through 31 

Village 
definition of 2 (20) 54 

Violations 

penalties for 143 269 

procedure for pre\ention of, of act 144 271 

Wall-Beds 41 A 160 

Wall Paper 104 222 

Walls 

and ceilings of rooms 103 222 

around water-closets and sinks to be 

kept in good order and painted. . . .96, 122, 123 2 1 5, 245, 246 

foundation, damp-proofing and water- 
proofing of 44 162 

no paper to be placed on, until old 

paper is remo\ed 104 222 

of cellar, to be painted or whitewashed 95 215 

of courts, to be painted or whitewashed 102 221 

of rooms, to be kalsomined or painted 

white 103 222 

roofs to be drained so as not to cause 
dampness in 97 216 

to be cleaned before papering 104 222 

to be kept clean loi 220 

Wash-bowl 

in each apartment, suite or group of 

rooms 46 166 

Wash-trays 

wooden, prohibited 49, 78 173, 205 

Water 

See City Water 

Water-closet 

accommodations 47, 78, 93 166, 205, 212 

compartments, access to 36 145 

base and floors to be water-proof. . .47, 78, 124 166, 205, 246 

in general toilet room 37, 76, 78 147, 204, 205 

lighting and ventilation of. . .37, 47, 76, 78, 124 147, 166, 204, 205, 

246 

new, on top floor of existing dwellings 78 205 

partitions for 47, 78, 124 166, 205, 246 

size of 47, 78 166, 205 

\entilation 37 147 



INDEX 

SECTION PAGE 

Water-closet (Continued) 

defective or antiquated, fixtures replaced 78 205 

general, accommodations in cellar prohibited . .92 211 

Water-closets 123 246 

and sinks 96 215 

flush tanks to be provided for new 124 246 

for basement rooms 94 213 

general toilet room, supplemental to 

required, not prohibited 47, 78, 92 166, 205, 21 1 

in cellar, prohibited without written 

permit ; 47, 78, 92 166, 205, 211 

location of 47, 78 166, 205 

number of, in multiple-dwellings. .47, 78, 93, 124 166, 205, 212, 246 

outdoor, prohibited 47. 78, 124 166, 205, 246 

pan, plunger and long-hopper, pro- 
hibited 49, 78, 124 173, 205, 246 

substitution of, for privy vaults, school 

sinks, cesspools or other receptacles 124 246 

surfaces beneath and around, to be 

kept in good order and painted 96, 123 215, 246 

to be kept clean iqi 220 

to be open 47, 78 166, 205 

woodwork enclosing, forbidden 47, 78 166, 205 

woodwork under 96, 123 215, 246 

Water Connections 

practicability of, decided by health officer 9 65 

Water Supply 46, 98, 99 166,217, 219 

city, required for multiple-dwellings 48 172 

distribution of 98, 99 2 1 7, 2 19 

in each apartment, suite or group of rooms. . . .46 166 

to be directly accessible to each family 98 217 

where provisions of act relative to, apply .9 65 

Water-proof Base 

and floor required for water-closet 

compartment 47-78, 124 166, 205, 246 

Water-proofing 

of foundation walls 44, '25 162,257 

of lowest floor 44, 125 '62, 257 

Welfare Clause of the Police Power 24 1 1 1 

Wells 

and cisterns 99 ^'9 

no opening in, for drawing water with 

pails or buckets 99 ^19 

size, number, construction and main- 
tenance of, to be determined by 
health officer 99 219 

to be provided with attachment for 

drawing water 99 ^'9 

What Kinds of Houses can be Built 

under the Model Law 293-334 

428 



INDEX 

SECTION PAGE 

When to Take Effect 1 59 286 

Whitewashing 

of cellar walls and ceilings 95 215 

of walls of courts 102 22 1 

Width of Courts 

proportionate to height 25 113 

williamsport development 24 io9 

Winding Stairs 

prohibited 54 189 

Window 

sash door cquixalent of 40 157 

Windows 

casement sash 2(12) 46 

health department may order cutting 

in of 121 244 

in basement rooms, size of 94 213 

in bat h rooms 37. 76 147, 204 

in interior rooms, location of 120 240 

in interior rooms, size of 120 240 

in public halls 121 244 

in public halls, location of 38 152 

in public halls, size of • • •39, 75 156, 202 

in rooms 32 135 

in rooms, location of 21, 31, 76 82, 132, 204 

in rooms, size of 32, 76, 120 135, 204, 240 

in stair halls, size of 40 1 57 

in water-closet compartments. .37, 47, 76, 78, 124 147, 166, 204, 205, 

246 
in water-closet compartments, size of . .37, 76, 78 147, 204, 205 

location of, in rooms used for art gal- 
leries, gymnasiums, squash courts, 

swimming pools 31 132 

proxisionsfor 2 (12) 46 

supplementary, on side yards 24 109 

to be kept clean loi 220 

to halls of dwellings, from paint, oil, 

drug and liquor stores forbidden 108 227 

two desirable for each room 31 132 

Windows and Skylights for Public 

Halls 39 . 1 56 

Windows for Stair Halls 

size of 40 157 

Wooden 

boarding houses 85 208 

building 2 (18) 52 

buildings, definition 2 (18) 52 

buildings, alteration or conversion of, 

to multiple-dwellings prohibited 62 196 

not to be placed on same lot with 
multiple-dwellings within fire 

limits 86 208 

429 



INDEX 



SECTION 



Wooden (Continued) 

on same lot with multiple-dwell- 
ings not to be enlarged 86 208 

enlargements of existing, multiple- 
dwellings, except for water-closets 

or bath rooms, prohibited 85 207 

erection of, multiple-dwellings, pro- 
hibited 62 196 

hand-rails to stairs 55 189 

multiple-dwellings forbidden 85 207 

sinks and wash-trays prohibited 49, 78 173, 205 

sleepers and floors in stair halls pro- 
hibited 55 189 

tenement houses 62 196, 197, 198 

Wooden Buildings on Same Lot With 

A Multiple-dwelling 86 208 

Woodwork 

enclosing plumbing in, forbidden 49, 78 173, 205 

enclosing sinks and water-closets to be 

removed 122, 123 245, 246 

enclosing water-closets in, forbidden 47, 78 166, 205 

Workingman's Dwelling 

reducing cost of 34 139 

Yard 

front, definition 2 (6) 37 

rear, definition 2 (6) 37 

side, definition 2 (6) 37 

water-closets prohibited 124 246 

Yards 2 (6), 22 37, 82 

access to 22, 57 82, 193 

definition 2 (6) 37 

front, not required 22 84 

garage and rear yard requirements 23 92 

minimum size of, not to be decreased 

by any building 29, 72 125, 200 

proportionate size of 295 

rear, size of 22 82 

relation of rear to height of building 25 1 15, 1 16 

relation to alleys 22 87 

side, not required for new dwellings 24 94 

side, size of 24, 72 94, no, 200, 295 

size of 22, 24, 29, 72 82, 94, 125, 200 

table showing depths required to rear 23 91 

to be concreted if required 45 164 

to be graded and drained 45 164 

to be kept clean loi 220 

YoRKSHip Village 

group houses .24 109 

Zoning Laws 

conflict with . 7, 1 58 63, 286 

control of store buildings by 29 127 

height limitation 21 77. 78 

relation of hotels to 21 76 

430 



NATIONAL HOUSING ASSOCIATION 
PUBLICATIONS* 

MISCELLANEOUS PAMPHLETS 
What Bad Housing Means to the Community — 6th Edition, By 

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One Million People in Small Houses — 3d Edition. By Helen 

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Housing and Health— 4th Edition. B\- Lawrence \'eiller. Xo. 9 
Low Priced Housing for Wage Earners. By J. G. Schmidlapp. 

Xo. 34 
Industrial Housing. By John Nolen. Xo. 35 
Industrial Housing. By Lawrence Veiller. Xo. 36 
What Types of Houses to Build. By Perry R. MacNeille. Xo. 37 
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The Menace of the Three Decker. By Prescott F. Hall. Xo. 39 
Indian Hill— An Industrial Village for the Norton Co. By 

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The After-Care of a Housing Law. By Albion Fellows B.\con. 

Xo. 43 
Organizing the Housing Work of a Community. By Bernard 

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"Industrial Housing Developments in America." Eclipse 

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Single copies of the above pamphlets may be obtained from the National Hoiising 
Association, 105 E. 22d St., New York City, for 25 cents each. 

"Housing Betterment" 

A Quarterly Journal of Housing Advance containing news notes and articles of 
general information concerning the housing movement in all its aspects. 90 pages. 
Circulation limited strictly to members. 

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Proceedings of the various National Conferences on Housing in America. Cloth 
bound books of uniform size published under this title, running from 400 to 550 
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Receive Free all miscellaneous publications as issued, the current volume of " Housing 
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